MEETING DATE: December 20, 2017
PREPARED BY: Katherine Weldon, ASST. CITY Mark Delin Program Administrator MANAGER: DEPARTMENT: City Manager's Office CITY MANAGER: Karen P. Brust
SUBJECT:
Cardiff Beach Living Shoreline Project - Memorandum of Agreement, Special Permit Conditions, Contract and Budget Amendment and Long Term Maintenance
RECOMMENDATION:
It is recommended that City Council take the following action:
1. Approve the Memorandum of Agreement (MOA) between California Department of Parks and Recreation and the City of Encinitas for Long Term Maintenance of the Cardiff State Beach Living Shoreline Project (Attachment 1) in substantial form as attached in consultation with the City Attorney;
2. Accept the California Coastal Commission (CCC) Notice of Intent to Issue Permit and Special Conditions (Attachment 2);
3. Authorize the City Manager, or her designee, in consultation with the City Attorney, to amend the contract between Encinitas and Moffatt & Nichol in the amount not to exceed $50,000 for Project Management and $30,000 for Project Scope Modification due to the additional Prior to Issuance Permit Requirements (Attachment 3);
4. Adopt Resolution No. 2017-114 Amending the Fiscal Year 2017-18 budget to appropriate $283,074 in grant funds to CP16A (Attachment 4); and
5. Authorize the City Manager, or her designee, to encumber dune repair/restoration funds, not to exceed $25,000 annually, from the Coastal Zone Management Fund, to fulfill permit conditions.
STRATEGIC PLAN:
• Environment – By enhancing the natural environment while protecting existing infrastructure. • Public Safety - By providing repairs to improve the safety of the roadway environment.
2017-12-20 Item 08G 1 of 69 FISCAL CONSIDERATIONS:
The fiscal impact of the staff recommendation requires a $283,074 amendment to the adopted budget as a revenue source from the Public Recreational Beach Impact Mitigation Fund authorized by the CCC (Attachment 5). The City has been awarded a total of $2,847,900 to plan, design and construct the Cardiff Beach Living Shoreline Project. The current expense budget for the Project is $2,716,522. The State Coastal Conservancy (SCC) continues to support this project as a funding agency as well as a team participant. The City has provided project and contract management as an in-kind match. The Moffatt & Nichol contracting is fully supported by the grant funds.
In extreme situations, the San Elijo Lagoon Conservancy (SELC) may require additional funds if the dunes are impacted due to storm surge. The City has identified the Coastal Zone Management fund to assist in the repair and restoration of the dunes when necessary.
BACKGROUND:
The shoreline in the City of Encinitas between Restaurant Row and South Cardiff State Beach is vulnerable to coastal flooding during large storm events and projected rates of sea level rise. The City of Encinitas along with the Department of Parks & Recreation (DPR), CCC and the SELC have partnered on the Cardiff Beach Living Shoreline Project to reduce the vulnerability of Coast Highway 101, create coastal dune habitat, and beneficially reuse sand from the San Elijo Lagoon dredging operation.
On August 30, 2017 the City Council accepted $2,072,022 from the SCC to construct a sand dune over reconfigured riprap and cobble core from the edge of pavement and extending 60 feet seaward (Attachment 6). The dune would be seeded with native plants after construction. The dune is anticipated to be constructed after implementation of the San Elijo Lagoon Restoration beach nourishment project. In addition, a 5-foot wide, decomposed granite footpath is proposed adjacent to the western side of Coast Highway 101. The pedestrian trail will run parallel to the dune system and improve public access along Cardiff State Beach. Six lateral public access points will be constructed across the proposed dunes, allowing pedestrians to access the beach from Coast Highway 101.
Construction is planned for the Winter/Spring of 2018.
ANALYSIS
The Cardiff State Beach is managed by the DPR along with other State agencies such as the Fish and Wildlife Service, CCC and the State Lands Commission. The beaches are in the jurisdiction of the State of California whereas the South Coast Highway 101 eastward of the Cardiff State Beach is managed by the City of Encinitas.
The City and DPR have developed this MOA to ensure that the Living Shoreline Project, which encompasses both City and DPR property, is maintained after initial construction and establish a flexible framework and cooperative relationship to support long-term maintenance of the Living Shoreline Project.
Exhibit A outlines tasks, timing and responsibilities for items such as: Annual Site Assessment; Rock Shoreline Protection System Maintenance; Sand Dune Replacement; Road and Parking Area Maintenance; Trail Maintenance and Repair; Sand Fencing and Symbolic Fencing; Beach Path Accessibility; In-Fill Dune Planting and Shorebird Monitoring and Management.
2017-12-20 Item 08G 2 of 69 In addition, the CCC approved the Coastal Development Permit No. 6-17-0596 for a 5 year term. Due to the experimental nature of the project the CCC requires that ten special conditions must be agreed upon prior to implementation of the permit.
Special Condition #1 requires the applicants to construct the project in conformance with the approved final plans. Special Condition #2 limits the duration of the approval to a period of five years from the date of Commission action and requires the City and DPR to reapply for re- authorization of the project for an additional five year term. Special Condition #3 requires the City and DPR to submit a Final Adaptive Management and Monitoring Plan that involves developing a long-term strategy for Highway 101: pursues beach nourishment projects: maintains the proposed dune system based on defined maintenance triggers: adapts the proposed dune system based on performance, and abandons the proposed dune system and accelerates a long-term strategy if necessary. Special Condition #4 addresses future maintenance and repair of the beach-dune system that may be completed without a new CDP for a period of five years consistent with the final approved Adaptive Management and Monitoring Plan with limitations. Special Conditions #5 acknowledges that the site may be subject to hazards such as waves, storms, and flooding which may worsen with future sea level rise and to provide that the City assume the risks and indemnify and hold harmless the CCC against claims arising from any injury or damage due to such hazards. Special Condition #6 requires that the City and DPR survey the area prior to construction activities and, if sensitive species are found, coordinate with California Department of Fish and Wildlife and US Fish and Wildlife Service to avoid any impacts. Special Condition #7 requires the City and DPR to prepare a Grunion Monitoring and Avoidance Plan that is implemented prior to and during construction activities. Special Condition #8 requires the City and DPR to submit and implement either a Construction and Pollution Prevention Plan or a Stormwater Pollution Prevention Plan. Special Condition #9 requires the City and DPR to submit a Dune Creation Plan and Monitoring Program for the next five years with specific performance standards and reporting requirements such as a yearly report and final report. Special Condition #10 requires a Final Storage and Staging area plan. Special Condition #11 requires a Final Public Access Plan. Special Condition #12 requires that the City and DPR shall provide evidence that CDP #6-16-0248 (San Elijo Lagoon annual inlet dredging program) has been amended to conform to the terms and conditions of the CDP.
The SCC, the City of Encinitas, and all project partners are satisfied with the performance by Moffatt and Nichol and recommend an amendment to the exisiting contract to provide project management for the Prior to Issuance requirements before construction. In addition, Moffatt & Nichol will provide support during construction and post-construction support activities including weekly coordination calls, council or stakeholder outreach meetings, project and permit team coordination meetings and bi-annual monitoring reports to the project team and agencies. This will provide consistency and continuity with ongoing resource agency permitting efforts. The SCC has approved of the additional support and will provide increased grant funding for the extra effort.
ENVIRONMENTAL CONSIDERATIONS:
A Mitigated Negative Declaration has been approved by the Department of Parks and Recreation according to CEQA policy. In addition, a Major Use Permit (MUP) is being submitted required by the City of Encinitas and a Coastal Development Permit (CDP) will be issued by the California Coastal Commission.
This project is also related to the Climate Action Plan chapter on Climate Adaptation. This chapter addresses coastal climate impacts and identifies adaptation strategies.
This action is related to the Draft Climate Action Plan City Action CET-1: "Complete and Implement the Citywide Active Transportation Plan."
2017-12-20 Item 08G 3 of 69 ATTACHMENTS:
1. Memorandum of Agreement Between California Department of Parks and Recreation and the City of Encinitas for Long Term Maintenance of the Cardiff State Beach Living Shoreline Project 2. Coastal Development Permit (CDP) - Notice of Intent to Issue Permit 3. Moffatt & Nichol Project Management and Project Scope Modification 4. Resolution No. 2017-114, (Exhibit A), entitled "A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2017-18 Budget." 5. Public Recreational Beach Impact Mitigation Fund Approval Letter from California Coastal Commission 6. Agenda Report - August 30, 2017
2017-12-20 Item 08G 4 of 69 ATTACHMENT 1
MEMORANDUM OF AGREEMENT BETWEEN CALIFORNIA DEPARTMENT OF PARKS AND RECREATION AND THE CITY OF ENCINITAS FOR LONG TERM MAINTENANCE OF THE CARDIFF STATE BEACH LIVING SHORELINE PROJECT
This Memorandum of Agreement (“MOA”) is made and entered into between the California Department of Parks and Recreation (“DPR”) and the City of Encinitas (“City”), individually referred to as “Party” and collectively referred to as “Parties.”
This MOA is made with reference to the following background facts.
BACKGROUND FACTS
The Cardiff State Beach Living Shoreline Project is a dune system to be developed by the City along the seaward side of Highway 101 on Cardiff State Beach (“Shoreline Project”). The Purpose of the Shoreline Project is to protect a vulnerable segment of Highway 101 while providing native dune habitat. Extreme wave events and high tides have caused damage and flooding to Highway 101. Coastal dune systems have multiple benefits by providing coastal habitat and storm damage during extreme events. The mission statement of DPR is to “Provide for the health, inspiration, and education of the people of California by helping to preserve the state’s extraordinary biological diversity, protecting its most valued natural and cultural resources and creating opportunities for high quality outdoor recreation.” DPR owns and manages Cardiff State Beach. Pursuant to Public Resources Code section 5003, DPR shall administer, protect, develop, and interpret the property under its jurisdiction for the use and enjoyment of the public. DPR may expend all moneys of the department for the care, protection, supervision, extension, and improvement or development of the property under its jurisdiction. The City of Encinitas owns or maintains right-of-way eastward of Cardiff State Beach ______feet on either side of South Coast Highway 101. The purpose of this MOA is to ensure that the Shoreline Project, which encompasses both City and DPR property, is maintained after initial construction by the City. Each party, wishing to establish a flexible framework and cooperative relationship to support long-term maintenance of the Shoreline Project, agree as follows:
SCOPE OF COLLABORATION AND SERVICES 1.0 General Scope. Each Party agrees to maintain the portions of the Shoreline Project that falls within their respective jurisdiction. The Parties shall perform services and collaborate as set forth below and more specifically set forth in the Scope of Work,
2017-12-20 Item 08G 5 of 69 attached hereto and incorporated herein by reference as Exhibit “A”. Exhibit “A” is intended to be nonbinding and may be modified pursuant to this agreement for convenience of the Parties.
1.1 The jurisdictional boundary lines between DPR’s property and the City’s property are set forth on the map attached and incorporated by reference as Exhibit “B”. The City’s jurisdictional boundary line includes the pedestrian trail, riprap and parking. DPR owns Cardiff State Beach and manages the shoreline from the Mean High Tide Line to approximately three-quarters of a mile off-shore.
1.2 The Scope of Work anticipates a level of participation with San Elijo Lagoon Conservancy (“SELC”). DPR and SELC intend to execute a separate agreement regarding rights and obligations relating to the Shoreline Project.
2.0 DPR as Lead Agency. DPR shall continue to act as the lead agency under the California Environmental Quality Act (“CEQA”), in accordance with Title 14 California Code of Regulations section 1505(d), and as such, continues to have the discretion to fulfill the obligations of a CEQA lead agency with regard to the Shoreline Project (Mitigated Negative Declaration; SCH#2016021029).
3.0 City as Responsible Agency. The City shall act as a responsible agency under CEQA as defined under the California Public Resources Code section 21069. City and DPR personnel shall implement compliance measures described in the in the Mitigated Negative Declaration (SCH#2016021029) and City’s Multiple Use Permit (Case#16-10421 MUP ) and conditions required by the California Coastal Commission (Pending Application Number 6-17-0596).
4.0 Personnel and Equipment. The Parties shall be responsible for maintenance and up- keep of the Shoreline Project within their respective jurisdiction. This does not prevent the Parties from entering into subsequent agreements with each other or with third parties for funding, services, or other means of support to maintain the Shoreline Project.
5.0 Permit Compliance. DPR and City are co-permittees for Coastal Development Permit (Application Number 6-17-0596). City holds a MUP related to the Shoreline Project (16- 10421 MUP). DPR and the City shall be responsible for obtaining new permits or amendments, as may be required by the applicable permitting agencies, upon expiration of any permit during the term of this MOA.
OTHER MATTERS 6.0 Term. This MOA shall not be effective until execution by both Parties This Agreement shall expire on June 30, 2030.
2017-12-20 Item 08G 6 of 69 7.0 Right to Terminate for Convenience. Either Party may, at its sole option and for its convenience, terminate all or any portion of this MOA by giving 60 days written notice of such termination to the other Party. Such notice shall be delivered by first class mail and electronic mail to the identified representatives for each Party in this MOA.
8.0 Dispute Resolution. The Parties shall attempt in good faith to resolve any dispute arising out of or relating to this MOA Either Party may give the other Party written notice of any dispute. Within thirty (30) days after delivery of said notice, the Parties shall make all reasonable efforts to meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to exchange information and to attempt to resolve the dispute.
9.0 Annual Appropriation of Funds. The Parties agree that the type, level, scope, and amount of maintenance conducted under this MOA is subject to availability of funds and the approval of each Party. Each Party may terminate or suspend this MOA if sufficient funds are not appropriated and authorized for any given fiscal year, or if funds appropriated and authorized for this MOA are exhausted before the fiscal year concludes.
10.0 Insurance. DPR and the City are self-insured for all liabilities and obligations arising or that may arise out of the performance of this MOA.
11.0 Indemnification. Each Party shall indemnify and hold harmless the other Party and its elected officials, affiliates, directors, officers, employees, partners, contractors or agents, from and against any and all claims, actions, causes of action, demands or liabilities of whatsoever kind and nature, including judgments, interest, reasonable attorneys’ fees, and all other costs, fees, expenses, and charges (collectively “Claims”) to the extent that such Claims arise out of or were caused by the negligence, gross negligence, or willful misconduct of the indemnifying Party or from any breach of the agreement by the indemnifying Party.
12.0 Notices. In all cases where written notice is required under this MOA, except as otherwise specified, service shall be deemed sufficient if the notice is deposited in the United States mail, postage pre-paid. Proper notice shall be effective three (3) business days after the date of mailing, unless otherwise provided in this MOA. For purposes of this MOA, notices for each Party shall be sent to:
For City: Katherine Weldon City of Encinitas, Shoreline Manager 505 Vulcan Avenue
2017-12-20 Item 08G 7 of 69 Encinitas, CA 92024 760-633-2632 [email protected]
For DPR: Robin Greene, State Park Superintendent California State Parks, San Diego Coast District 4477 Pacific Highway San Diego, CA 92110 619-688-3260 [email protected]
With a cc to: Darren Smith, District Services Manager California State Parks, San Diego Coast District 4477 Pacific Highway San Diego, CA 92110 (619) 952-3895 [email protected].
13.0 Headings. All article headings are for convenience only and shall not affect the interpretation of this MOA.
14.0 Non-Assignment. No Party shall assign their obligations under this MOA whether by express assignment or otherwise, without obtaining prior written approval from the other Party. Any assignment in violation of this paragraph may result in immediate termination of the MOA.
15.0 Independent Contractors. DPR and any sub-contractors employed by DPR shall be independent contractors and not agents of City. City and any subcontractors employed by City shall be independent contractors and not agents of DPR.
16.0 Jurisdiction and Venue. The jurisdiction and applicable laws for any disputes concerning this MOA, including interpretation of any of its terms shall be in accordance with the laws of the State of California.
17.0 Modifications. This MOA may be modified at any time by mutual written consent of the parties hereto.
18.0 Survival of Obligations. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with this MOA, as well as all
2017-12-20 Item 08G 8 of 69 continuing obligations indicated in this MOA, shall survive completion and acceptance of the services and termination or completion of the MOA.
19.0 No Third-Party Beneficiaries. This MOA is made for the sole benefit of DPR and City, and no other person or entity shall have any rights or remedies under or by reason of this MOA. Nothing in this MOA may be the basis of any third party challenges or appeals. Nothing in this MOA creates any rights, remedies, or causes of action in any person or entity not party to this MOA. DPR and City, each retain all rights, responsibilities, and authorities provided for by law. Nothing in this MOA delegates any rights, responsibilities, or authorities provided by law to either Party. Nothing in this MOA delegates or otherwise prevents, compromises, or precludes each Party from exercising all rights, responsibilities, or authorities provided by law. 20.0 Conflicts Between Terms. If an apparent conflict or inconsistency exists between the main body of this MOA and the exhibits or attachments, the main body of this MOA shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this MOA, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this MOA, the exhibits or attachments, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other Party immediately upon the identification of any apparent conflict or inconsistency concerning this MOA.
21.0 Exhibits and Attachments Incorporated. All exhibits and attachments referenced in this MOA are incorporated into the MOA by this reference.
22.0 No Waiver. No failure of any Party to insist upon the strict performance by another Party of any covenant, term or condition of this MOA, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this MOA, shall constitute a waiver of any such breach of such covenant, term or condition. No waiver of any breach shall affect or alter this MOA, and each and every covenant, condition, and term hereof shall continue in full force and effect as to any existing or subsequent breach
(SEE NEXT PAGE)
2017-12-20 Item 08G 9 of 69 Dated: ______, 2017 Dated: ______, 2017
CALIFORNIA DEPARTMENT OF CITY OF ENCINITAS, PARKS AND RECREATION, a municipal corporation
By: ______By: ______Kathy Amann, Deputy Director Catherine Blackspear, Mayor Park and Recreation Services
APPROVED AS TO FORM this ______day of ______, 2017
GLENN SABINE, City Attorney By: ______
2017-12-20 Item 08G 10 of 69 Exhibit A
Scope of Work for Agreement between California Department of Parks and Recreation and the City of Encinitas for Long-Term Maintenance of the Cardiff Living Shoreline Project
The following Scope of Work outlines tasks, timing and responsibility for long-term dune maintenance related to the Cardiff Living Shoreline at Cardiff State Beach (See Attachment 1- Maps, Figure 1) in coordination between California Department of Parks and Recreation (“DPR”) and the City of Encinitas (City).
Task 1. Annual Site Assessment.
Description: City and DPR are responsible for producing an annual site assessment letter report detailing a priority list for the coming year’s maintenance.
• The Parties shall meet to conduct a site assessment of Shoreline Project. The San Elijo Lagoon Conservancy (“SELC”) shall also be invited to participate in the annual site assessment. • City shall draft the annual letter report template. • City will be responsible for preparing the sections of the report pertaining to dune performance, revetment condition, trail and trail symbolic fence condition and maintenance recommendations for those features • DPR will be responsible for preparing the sections of the report pertaining to visitor use and conflicts, dune symbolic fence, wildlife monitoring, predators, vegetation condition and maintenance. • The Parties agree that SELC will be responsible for preparing the sections of the report pertaining to vegetation condition, invasive plants, and maintenance recommendations). • City will be responsible for preparing the annual letter report for final dissemination and distribution.
Schedule: The Parties agree to have the annual site visit during the week of March 15, with the assessment letter report due within 30 days. The Parties acknowledge that these dates are flexible and may need to be changed if all Parties agree.
Task 2. Rock Shoreline Protection System (Revetment) Maintenance.
Description: City shall be responsible for maintaining the engineered rock Shoreline Protection System Maintenance or revetment.
Schedule: Maintenance windows shall be determined in advance by City and DPR and in accordance with permit conditions and/or California Natural Resources Agency approval.
1
2017-12-20 Item 08G 11 of 69 Task 3. Sand Dune Replacement.
Description: If the Annual Site Assessment determines it necessary to replace and re- counter sand dune areas eroded from previous winter storms and wave run-up, City and DPR shall be responsible replacing and repairing the dunes.
The sand is estimated to be less than 10,000ft2 in area annually. Material will be made available and delivered to the dune replacement site, by SELC. If needed, City will provide funding to SELC for purposes of hiring a contractor or for renting heavy equipment for reforming the dune area lost to erosion. If needed, DPR will support the work with a heavy equipment operator for re-contouring dune area.
If erosion is extensive (greater than 10,000ft2 in area) and requires more resources than $10,000 then City and DPR will work together to acquire resources to for more extensive rebuilding of the dune.
Expected Schedule: Typically April, May or June when SELC is conducting Inlet Maintenance. Construction windows shall be determined in advance by City and DPR.
Task 4. Road and Parking Area Maintenance.
Description: The City shall maintain the road, the parking areas and the associated features (for example road base, road surface, road shoulder, curbing, signage, delineators, and others) that are within City property or right of way.
Expected Schedule: As necessary determined by the City.
Task 5. Trail Maintenance and Repair.
Description: City shall maintain and repair the North-South Trail, including associated features, that lie within City’s property or right of way. Associated features includes but is not limited to curbs, ADA parking and the North-South symbolic fencing parallel to trail.
Expected Schedule: As necessary determined by the City.
Task 6. Sand Fencing and Symbolic Fencing.
Description: DPR shall be responsible for maintaining the sand fencing and East-West Symbolic Fencing that are within DPR property. The sand fencing is to manage drifting sand and support plant establishment. The East-West symbolic fencing is to direct access to beach and reduce disturbance within dune habitat.
• DPR will be responsible for maintaining symbolic fencing perpendicular to trail and
2
2017-12-20 Item 08G 12 of 69 ocean • DPR will be responsible for maintaining temporary sand fencing until plants become established 6 months-5 years. • If after plant establishment there is a large amount of sand on the trail that makes maintenance work burdensome, City and DPR will work together to deploy appropriate sand control measures.
Expected Schedule: As necessary determined by the DPR.
Task 7. Beach Path Accessibility
Description: City and DPR shall work together to maintain accessibility from City’s accessible parking space to the sandy beach
• The City will be responsible for maintaining the interface between the accessible parking space and DPR property. • DPR will deploy, store, and maintain sand access infrastructure on DPR property between City’s accessible parking space and the beach.
Expected Schedule: As necessary determined by City and DPR.
Task 8. Infill Dune Planting
Description: DPR will be responsible for infill planting dune areas on DPR property that have eroded or degraded
Expected Schedule: As necessary determined by DPR.
Task 9. Shorebird Monitoring and Management
Description: If the living shoreline project area becomes viable for the federally listed western snowy plover shorebird monitoring and management program will be implemented by DPR.
Expected Schedule: As necessary determined by DPR.
3
2017-12-20 Item 08G 13 of 69 ATTACHMENT 2
STATE OF CALIFOttNIA-NATURAL RESOURCES AGENCY EDMUND G. BROWN 7R, GOl'E2NOR
ep` CALIFORNIA COASTAL COMMISSION r ~~~>H SAN DIEGO COAST DISTRICT OFFICE 7575 METROPOLITAN DRIVE, SUITE 103 u~ ~--; SAN DIEGO, CALIPOWdIA 92108-4402 ~,~-~~'~ PH (619) 767-2370 PAX (619)767-2384 --~ jj,,'jj~ W11'W.COASTAL CA GOV t,a ^ r r94tpRN~ P
Page 1 November 14, 2017 Permit Application No.: 6-17-0596
NOTICE 4F INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions)
THE SOLE PURPOSE OF THIS NOTICE IS TO INFORM THE APPLICANT OF THE STEPS NECESSARY TO OBTAIN A VALID AND EFFECTIVE COASTAL DEVELOPMENT PERMIT ("CDP"). A Coastal Development Permit for the development described below has been approved but is not yet effective. Development on the site cannot commence until the CDP is effective. In order for the CDP to be effective, Commission staff must issue the CDP to the applicant, and the applicant must sign and return the CDP. Commission staff cannot issue the CDP until the annlicant has fulfilled each of the "prior to issuance" Special Conditions. A list of all the Special Conditions for this permit is attached.
The Commission's approval of the CDP is valid for two years from the date of approval. To prevent expiration of the CDP, you must fulfill the "prior to issuance" Special Conditions, obtain and sign the CDP, and commence development within two years of the approval date specified below. You may apply for an extension of the permit pursuant to the Commission's regulations at Cal. Code Regs. title 14, section 13169.
On November 9th ,the California Coastal Commission approved Coastal Development Permit No. 6-17-0596 requested by City of Encinitas and California Department of Parks and Recreation subject to the attached conditions, for development consisting of: Excavate existing cobble and riprap along back beach, import 9,000 cy of 2-4 ton rock, and use sand deposited from San Elijo Lagoon dredging to construct a 2,900-ft. long x 60-ft. wide dune system underlain by a cobble toe and reconfigured rock revetment; construct 5-ft wide, public footpath adjacent to Coast Highway 101 and six lateral access points extending from the footpath across the dunes to the beach, more specifically described in the application filed in the Commission offices. Commission staff will not issue the CDP until the "prior to issuance" special conditions have been satisfied.
The development is within the coastal zone at: Cardiff State Beach west of Coast Highway 101 between the San Elijo Lagoon inlet and the Seaside/South Cardiff State Beach parking lot, Encinitas, San Diego County.
If you have any questions regarding how to fulfill the "prior to issuance" Special Conditions for CDP No. 6-17-0596, please contact the Coastal Program Analyst identified below.
2017-12-20 Item 08G 14 of 69 Page 2 November 14, 2017 Permit Application No.: 6-17-0596
lei 'i"ICE F IN'T'ENT T ISS~JE PE I'I" (Upon satisfaction of special conditions)
Sincerely,
John Ainsworth Executive Director
Sarah Richmond Coastal Program Analyst
ITlI~~[fli~~11~Zl7►~ 1~1►YY
The undersigned permittee acknowledges receipt of this Notice and fully understands its contents, including a1P conditions imposed.
+-~ 2 ;~ . s Date Permittee
Please sign and return one copy of this form to the Commission office at the above address.
1<'1 i 1
1. Notice of Receipt and Acknowledgment. The permit is not valid and development sha11 not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office.
2. Expiration. If development has not commenced, then permit wi11 expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date.
3. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission.
2017-12-20 Item 08G 15 of 69 Page 3 November 14, 2017 Permit Application No.: 6-17-0596
NO'~'~~E O~ IN~'EN'I''I'~ ISSUE PERMIT (Upon satisfaction of special conditions}
4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission and affidavit accepting all terms and conditions of the permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions.
This permit is granted subject to the fallowing special conditions:
1. Final Plans.
(a) PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT,the applicants shall submit, for the review and written approval of the Executive Director, one full-size set of construction plans that conforms with the plans submitted to the Commission prepared by Moffatt &Nichol, titled Plans for the Construction of the Cardiff Beach Living Shoreline in the City of Encinitas(95% Submittal) dated September 1, 2017.
(b) The applicants shall undertake development in conformance with the approved final plans unless the Commission amends this permit or the Executive Director provides a written determination that no amendment is legally required for any proposed minor deviations.
2. Authorization Period and Reporting Requirement.
(a) This Coastal Development Permit authorizes the approved development for a period of five years from the date of Commission action. After such time. the authorization for continuation and/or retention of any development approved as part of this permit shall cease, unless reauthorized by the Commission pursuant to a permit amendment, such as provided in (b) of this condition.
(b) If the applicants wish.to retain the project beyond the five-year term for which this permit provides authority and to continue maintenance of the project using sand from the San Elija Lagoon annual inlet dredging program to nourish the dune, then no later than six months prior to the end of that five-year term, the applicants or successor in interest shall submit a complete coastal development permit amendment application for the reauthorization for an additional five-year term, with the goal of further protecting Coast Highway ldl from wave hazards and tidal action. The amendment application shall include the results of the required biological and pi~ysical beach monitoring reports, in order to evaluate the effectiveness and impacts of the project; address changed circumstances and unanticipated impacts; consider modifications to the location and design of the dune system; and consider measures necessary to minimize any adverse impacts to coastal resources or public access resulting from the continuation of the project and implementation of the Adaptive Management Plan.
2017-12-20 Item 08G 16 of 69 Page 4 November 14, 2017 Permit Application No.: 6-17-0596
N VICE F INTENT''I'O ISSUE E IT (Upon satisfaction of special conditions)
Failure to either (1) obtain a.permit amendment authorizing the applicants to retain the project for an additional term or (2) remove the project shall constitute a violation of the terms and conditions of this Coastal Development Permit, unless the Executive Director grants additional time for good cause.
(c) Five years from the date of issuance of this Coastal Development Permit, the applicants shall submit a report to the Executive Director, documenting the status of the project, including the Adaptive Management Program. The report shall summarize the results and findings of the annual biological and physical monitoring reports, required pursuant to Special Conditions #3 and 9. Should the monitoring reports reveal any unanticipated significant adverse habitat or public access impacts not addressed in the initial Commission authorization, or that the nourishment events are not maintaining a dune system over the approved revetment pursuant to the maintenance triggers pursuant to Special Condition 3, the Executive Director may require the submittal of a permit amendment application for the review and approval by the Commission to address and evaluate for any unanticipated adverse resource impacts or require any mid-course corrections or adjustments to the Adaptive Management Program. Failure to submit a permit amendment application in response to the Executive Director's direction, pursuant to this paragraph, sha11 constitute a violation of the terms and conditions of this Coastal Development Permit.
(d) The Coastal Development Permit amendment application submitted by the permittee for an additional five-year term, pursuant ~o (b} of this special condition, shall include an evaluation of feasible alternatives to the retention of the rock revetment in its current location should adaptive measures outlined in Special Condition 3 fail to consistently maintain the dune system over the five-year period. Project alternatives evaluated shall include, but not be limited to, removal of part or all of the revetment, construction of an alternative shoreline protective structure in a more landward location, and options for reconfiguration of Coast Highway 101 to reduce coastal hazards. The information concerning these alternatives shall be sufficiently detailed to enable the Coastal Commission to evaluate the feasibility of each alternative for addressing site shoreline protection, public access, and sensitive resource issues under the Coastal Act and the City of Encinitas Local Coastal Program.
3. Final Adaptive 1Vlanagement and 1Vlonitoring Plan.
(a) PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT,the applicants shall submit, for the review and written approval of the Executive Director, a Final Adaptive Management and Monitoring Plan that is in substantial conformance with the plans submitted to the Commission prepared by the San E1ijo Lagoon Conservancy, California State Coastal Conservancy, City of Encinitas, and Moffatt &Nichol, titled Draft Adaptive Management and Monitoring Plan for the Cardiff State Beach Living Shoreline Project dated October 2017. The final Adaptive Management and Monitoring Plan shall include the fallowing:
i. Quantifiable and measureable criteria shall be developed for performance questions for which the physical monitoring plan is being prepared, including, at a minimum:
2017-12-20 Item 08G 17 of 69 Page 5 November 14, 2017 Permit Application No.: 6-17-0596
liT~'I'ICE CAF Il~~'EN'I''I'~ ISSUE P~Rl~IIT (Upon satisfaction of special conditions}
A. liability of an actively managed artificial dune system for shore protection; B. Methodology and additional data needed to evaluate responses to modest rates of sea level rise; C. How the adequacy of the dune size will be determined; D. How the dynamic stability of the dune system and influence of the associated beach width wi11 be determined; E. How the sand losses for established native dune vegetation will be measured and what, if anything, will be used for comparison:. F. How the level of protection for the roadway will be measured and how the effects of the cobble berm will be dissociated from the dune sand, the dune vegetation and the buried revetment; and G. Event characteristics (overflow rate, water depth, duration of overtopping, etc.} that will be documented by the City during `extreme events' and what triggers will be used to characterize an event as extreme.
ii. Triggers for adaptive management efforts shall be clearly established along anticipated management methodologies that could be applied to assist in maintaining the dune system over the term of the permit. No changes to the design shall occur without written approval from the Executive Director.
iii. Triggers for project abandonment, if necessary, shall be clearly established along with a schedule for reporting to the Executive Director on the reasons for abandonment, elements of the project that will be removed, elements of the project that wi11 be retained and continuation or changes to the other associated projects such as the San Elijo Lagoon Inlet Dredging. If the triggers for project abandonment are met, within 30 days of reporting the Executive Director, the applicants shall apply for a permit or permit amendment to restore the beach to the pre-project condition, or agreed upon condition that reflects current conditions of the site.
(b) The applicants shall undertake development in conformance with the approved final plans unless the Commission amends this permit or the Executive Director provides a written determination that no amendment is legally required for any proposed minor deviations.
4. Future Maintenance Authorized.
By acceptance of this permit, the applicant acknowledges and agrees to the fallowing:
(a) Future maintenance and repair of the beach-dune system, including underlying cobble toe and rock revetment, as specified above, may be completed without a new Coastal Development Permit for a period of five years commencing from the date of Commission action on this permit consistent with the final approved Adaptive Management and Monitoring Plan for the Cardiff Beach Living Shoreline Project consistent with the fallowing limitations:
2017-12-20 Item 08G 18 of 69 Page 6 November 14,2017 Permit Application No.: 6-17-0596
l~Q'TICE ~F IN'~'~N~ 'T~} IS5~TE P~R1~IT (Upon satisfaction of special conditions}
Prior to the commencement of any such repair or maintenance work, the applicants must obtain written authorization from the Executive Director of the California Coastal Commission. The applicants shall submit a written report prepared by a professional engineer for aspects of repair and maintenance regarding revetment placement. For other repair and maintenance, the report may be prepared by an environmental resources specialist with appropriate qualifications acceptable to the Executive Director. The report shall. be submitted for the review and approval ofthe Executive Director and shall identify the proposed maintenance and repair work, method for performing work, analysis of the necessity for tl~e work, and a quantification of any additional rock to be added to the revetment. The maintenance and repair report sha11 be submitted at least 60 days in advance of the proposed work to allow time for review by the Executive Director. The Executive Director's review wi11 be for the purpose of ensuring that the nature of the work, the method proposed for the work, and all other aspects of the proposed work is consistent with the provisions of this condition.
ii. No future .repair or maintenance, enhancement, reinforcement, or any other activity affecting the rock revetment shall be undertaken if such activity extends the seaward footprint of the subject shoreline protective device. No rock shall be placed seaward of the approved toe of the revetment and no increase in the approved height of the revetment shall occur. After construction completion, any debris, rock, or other materials that become dislodged through weathering, wave action or settlement shall be removed from the beach or deposited on the revetment on an as-needed basis. as soon as feasible after discovery. The rock revetment may be maintained in its approved size, location, and configuration. No expansion to the size, height, or footprint of the revetment shall be allowed. The addition of new rock for any individual repair project shall require an amendment to this Coastal Development Permit or a new Coastal Development Permit, and is not exempt pursuant to this Special Condition and notwithstanding the exemption allowed by Coastal Act regti~lation section 13252(c)(Title 14, California Code of Regulations).
iii. Maintenance ar repair work s11a11 only occur from October 1 to the Friday before Memorial Day weekend. Any repair or maintenance of the shoreline protective device between the Friday before Memorial Day weekend and September 30 shall require an amendment to this Coastal Development Permit or a new Coastal Development Permit, and is not exempt pursuant to this Special Condition and notwithstanding the exemption allowed by Coastal Act regulation section 13252(c), with the exception of repairs needed to maintain public access associated with pedestrian path, beach accessways, and associated fencing and signage.
iv. Removal of any debris, rock or other material from the sandy beach that becomes displaced from the revetment and will be deposited on the revetment or exported to an offsite disposal area shall occur on an as-needed basis, regardless of the time of the year, without requirement for an amendment, and without the requirement for
2017-12-20 Item 08G 19 of 69 Page 7 November 14, 2017 Permit Application No.: 6-17-0596
NQ'I'ICE ~F IN~'~l~T 'I'O ISSITE PERli~I'I' (Upon. satisfaction of special conditions}
submitting a written report 60 days in advance of the work or for prior written authorization from the Executive Director.
v. Maintenance or repair work shall be completed incorporating all feasible Best Management Practices. The applicants shall, by accepting the written authorization from the Executive Director, agree and ensure that the project contractor shall comply with the following construction-related requirements:
A. No construction materials, debris, or waste shall be placed or stored where it may be subject to wave erosion and dispersion;
B. Any and all debris resulting from construction activities shall be removed from the beach prior to the end of each work day;
C. Na machinery or mechanized equipment shall be allowed at any time within the active surf zone. except for that necessary to remove the errant rocks from. the beach seaward of the revetment; and
D. All excavated beach sand shall be redeposited on the beach.
(b) The applicants shall be responsible for maintenance of the dune habitat, as specified in Special Condition #9, and maintenance of the 5-ft. wide footpath parallel to the dune system and the 10-ft. wide access points that are oriented at 45 degree angles to the footpath. Such maintenance shall occur on as needed basis, in perpetuity for the life of the project, in order to ensure the public's ability to access the beach.
5. Assumption of Risk, Waiver of Liability, and Indemnity.
(a) By acceptance o~ this permit, the applicants acknowledge and agree (i) that the site may be subject to hazards, including but not limited to waves, storms, and flooding, many of which will worsen with future sea level rise; (ii} to assume the risks to applicants and the property that is the subject of this permit of injury and damage from such hazards in connection with this permitted development; (iii) to unconditionally waive any claim of damage or liability against the Commission, its officers, agents, and employees for injury of damage from such hazards; and (iv) to indemnify and hold harmless the Commission, its officers, agents, and. employees with respect to the Commission's approval of the project against any and all liability, claims, demands, damages, costs (including costs and fees incurred in defense of such ciaiins), expenses, and amounts paid in settlement arising from any injury or damage due to such hazards.
(b) PRIOR TO ISSUANCE C)F ~'HE COASTAL DEVELOPMENT PERMIT,the applicants shall submit a written agreement, in a form as~d content acceptable to the Executive Director, incorporating all of the above terms of subsection.(a) of this Special Condition.
2017-12-20 Item 08G 20 of 69 Page $ November 14, 2017 Permit Application No.: 6-17-0596
l~T'T~CE F INTEIV'I''I' ISS~JE PE ~~' (Upon satisfaction of special conditions)
6. Biological Surveys and Monitoring During Inlet Dredging and Sand Placement.
The applicant sha11 retain the services of a qualified biologist ar environmental resources specialist (hereinafter, "environmental resources specialist"} with appropriate qualifications acceptable to the Executive Director, to conduct sensitive species pre-work. surveys and to monitor the work areas during inlet dredging and beach and dune sand placement activities. Prior to the commencement of inlet maintenance and sand placement activities, the applicant shall submit a description of the environmental resources specialist's duties and the specialist's on-site schedule to the Executive Director for review and written approval. The applicant sha11 implement the following requirements:
(a} The environmental resources specialist shall:
i. Survey the proposed work areas and a buffer of 100 feet beyond to determine the presence and behavior of any sensitive species one (1 ~ dad prior to commencement of any proposed work;
ii. If sensitive species are identified, the environmental resource specialists shall report the results of the survey within 24 hours to the applicant, Executive Director, California Department of Fish and Wildlife(CDFW), and the United States Fish and Wildlife Service(USFWS); and
iii. Monitor the work areas during all inlet dredging and sand placement activities.
Pre-Work Biological Surveys. In the event that the en~~ironmen~al resources specialist reports finding any federally or state-designated sensitive wildlife species (including but not limifed to western snowy plover or California least terns) exhibiting reproductive or nesting behavior during the pre-work surveys, the applicant shall delay work, and promptly notify the Executive Director. CDFW, and USFWS. Project activities may cormnence only upon written approval of the Executive Director. following consultation with CDFW and USFWS. The applicant shall submit documentation prepared by the environmental resources specialist that provides the results of each daily pre-work survey, including any sensitive wildlife species observed and their associated behaviors and activities.
(b) Biological Monitoring During Work. Prior to the initiation of inlet dredging and sand placement activities each day, the environmental resources specialist shall inspect the work areas to preclude impacts to sensitive wildlife species. Inlet dredging and sand placement activities may not occur until ail sensitive wildlife species (e.g., western snowy plovers, California least terns) have left the project area and its vicinity. In the event that the environmental resources specialist determines that oily sensitive wildlife species exhibit reproductive or nesting behavior, the applicant shall cease work and promptly notify the Executive Director, CDFW,and USFWS,including the nature and location of the observations made. Sand placement activities may resume only upon written appioval of the Executive Director, following consultation with CI)F~V and USFWS.
2017-12-20 Item 08G 21 of 69 Page 9 November 14, 2d 17 Permit Application No.: 6-17-0596
N~TI~E ~F INVENT T~ ISSI7E ~'ER:lYII~' (Upon satisfaction of special conditions)
(c) If significant impacts or injury .occur to sensitive wildlife species, the applicant shall promptly notify the Executive Director, CDFW,and USFWS. The Executive Director, in consultation with CDFW andlor USFWS, will determine the appropriate action or mitigation to be taken.
7. grunion 1Vlonitaring &Avoidance Plan.
PRIOR T~ ISSUANCE OF '~'HE COASTAL DEVELOPIYIEN'~'PERMIT, the applicant shall submit to the Executive Director, for review and written approval, a Grunion Monitoring and Avoidance Plait. The applicant shall retain the services of a qualified biologist or et.viro~:~nenta: resources specialist (hereinafter, "environmental resources specialist") with appropriate qualifications acceptable to the Executive Director. The applicant shall adhere to the following provisions in order to avoid impacts to mature grunion and to grunion eggs during a spawning event. The annually published California Department of Fish and Wildlife(CDFW} expected grunion runs shall be used to determine possible grunion spawning periods. The plan shall, at a minimum, include the following:
(a} During the grunion spawning period of March 1 through August 31, beginning at least two (2) weeks prior to commencement of inlet dredging and throughout any sand placement activities on Cardiff State Beach or within the 1 ~ foot area of sacrificial dunes on Cardiff State Beach, Cardiff State Beach and the route for delivering sand to the dunes shall be monitored for grunion runs, excepting areas where there is no sand, such as 100% cobble.
(b} Grunion monitoring shall be conducted by the environmental resources specialist for 30 minutes prior to, and two hours following, the predicted start of each spawning event. Sufficient personnel shall be utilized to ensure that the entire proposed placement site or truck route is monitored during the specified period. The magnitude and extent of a spawning event shall be defined in 300-foot segments of beach using the Walker Scale.
(c} If a grunion run consisting of 0-100 individual fish per segment(Walker Scale of0 or 1) is reported within two weeks prior to, or during, proposed work, the applicant does not need to take any avoidance action for grunion eggs.
(d) Within two weeks prior to proposed work, if a grunion run consisting of more than 1 d0 individual fish per segment(Walker Scale of 2, 3, 4, or 5) is reported, the applicant shall avoid work on the respective beach segments} and truck route and additionally, shall avoid a 100-foot buffer on either side of the segments) and route. to ensure that no grunion eggs are buried ar disturbed. The applicant shall adapt the work schedule or re-route trucks to avoid operations on beach segments and truck routes with a Walker Scale of 2, 3, 4, or 5 and their associated buffers.
(e} If work has already commenced, and a grunion run consisting of mare than 100 individual fish per segment (Walker Scale of 2 or 3) is reported, the applicant shall avoid impacts to grunion eggs to the extent feasible, and then shall minimize impacts to grunion eggs through measures pursuant to subsection (g) below.
2017-12-20 Item 08G 22 of 69 Page 10 November 14, 2017 Permit Application No.: 6-17-0596
NO'I'RE ~'l~ IN~'El~TT ~Q IS5UE P~~IT (Upon satisfaction of special conditions}
(f} If beach construction has already commenced, and a grunion run consisting of more than 1000 individual fish per segment(Walker Scale of 4 or 5) is reported, no impacts to grunion eggs may occur. The applicant sha11 avoid impacts to grunion eggs in that portion of the work area through alteration of the truck route, discharge point, sand spreading, andlor shifting sand receiver site boundaries. Work at impacted locations shall cease if avoidance measures are not feasible.
(g) The applicant shall develop a list of feasible measures, subject to written~approval of the ~:xecutive Director in consultation with CDFW,NNI~~S and ALOE,taking into consideration the size of the sand receiver site, stage of mobilization, construction constraints, etc., that may be utilized to allow sand replenishment work to continue while avoiding and minimizing impacts to eggs within the two week spawning period. Under no circumstances shall any mature grunion be buried or harmed as a result offhe proposed work.
$. Construction BMPs.
PRIOR TO CONSTRUCTION the applicant shall submit, for the review and written approval of the Executive Director, a Construction and Pollution Prevention Plan CPPP (or a Stormwater Pollution Prevention Plan(SWPPP) that is supplemented to include all of the following), prepared and certified by a qualified licensed professional. The CPPP or SWPPP (Plan} shall demonstrate that all construction, including, but not limited to, clearing, grading, staging, storage of equipment and materials, complies with all of the following requirements:
(a} Construction Site Map and Narrative Description. The Plan shall include a construction site map and a narrative description addressing, at a minimum, the following required components:
i. A detailed description of all the steps and phases of the construction project, including ingress and egress of all construction activities, excavation of existing cobble and riprap, import of additional. rock, and deposition of dune sand.
ii. A map delineating the construction ingress and egress, construction site construction phasing boundaries, and the location of all temporary construction-phase BMPs(such as silt fences, inlet protection; and sediment basins).
iii. A description of the BMPs that will be implemented to minimize land disturbance activities, minimize the project footprint, minimize soil compaction, and minimize damage or removal of non-in~~asi~~e vegetation. Include a construction phasing schedule, if applicable to the project, with a description and timeline of significant land disturbance activities.
2017-12-20 Item 08G 23 of 69 Page I 1 November 14, 2017 Permit Application No.: 6-17-0596
N~'I'ICE CAF IN'I'ENB' ~'~ ISSUE PENT' (Upon satisfaction. of special conditions}
iv. A description of the BMPs that will be implemented to minimize erosion and sedimentation, control. runoff and minimize the discharge of other pollutants resulting from construction activities. Include calculations that demonstrate proper sizing of BMPs.
v. A description and schedule for the management of all construction-phase BMPs (including installation and removal, ongoing operation, inspection, maintenance, and training). Identify an57 temporary BMPs that will be converted to permanent post- development BMPs.
(b) Protect Public Access. During construction, the following provisions shall be required to protect and maximize public access:
Construction shall not occur from Memorial Day weekend through Labor Day unless, due to extenuating circumstances (such as tidal issues, extensive delays due to severe weather, or other environmental concerns) the Executive Director provides written authorization for such work.
ii. Construction is prohibited outside of the defined construction, staging, and storage areas.
iii. All construction methods to be used, including all methods to keep the construction areas separate from public recreational use areas (e.g., using unobtrusive fencing or equivalent measures to delineate construction areas), shall be clearly identified on the construction site map and described in the narrative description required by subsection (a) of this Special Condition.
iv. All beaches, beach access points, and other recreational use areas impacted by construction activities shall be restored to their pre-construction condition or better within three days of completion of construction. AnS~ beach sand impacted shall be filtered as necessary to remove all construction debris from the beach.
(c} Property Owner Consent. The Plan shall be submitted with evidence indicating that the owners of any properties on which construction activities are to take place, including properties to be crossed in accessing the site, consent to use of their properties.
(d} Minimize Erosion and Sediment Discharge. During construction, erosion and the discharge of sediment off-site or to coastal waters shall be minimized through the use of appropriate Best Management Practices (BMPs), including:
Land disturbance during construction (e.g., clearing, grading, and cut-and-fill) shall be miiumized, and grading activities shall be phased, to avoid increased erosion and sedimentation.
2017-12-20 Item 08G 24 of 69 Page 12 November 14, 2d 17 Permit Application No.: 6-17-0596
N~TI~E 6J~' Il~'I'EN'I''I'O ISSLT~ PENT (Upon satisfaction of special conditions)
ii. Erosion control BMPs (such as mulch, soil binders, geotextile blankets or mats, or temporary seeding) shall be installed as needed to prevent soil from being transported by water or wind. Temporary BMPs shall be implemented to stabilize soil on graded or disturbed areas as soon as feasible during construction, where there is a potential for soil erosion to lead to discharge of sediment off-site or to coastal waters.
iii. Sediment control BMPs (such as silt fences, fiber rolls, sediment basins, inlet. protection, sand bag barriers, or straw bale barriers) shall be installed as needed to trap and remove eroded sediment from runoff, to prevent sedimentation of coastal waters. The use of temporary erosion and sediment control products (such as fiber• rolls, erosion control blankets, mulch control netting, and silt fences) that incorporate plastic netting (such as polypropylene, nylon, polyethylene, polyester, or other synthetic fibers) shall be avoided, to minimize wildlife entanglement and plastic debris pollution.
iv. Tracking control BMPs (such as a stabilized construction entrance/exit, anc[ street sweeping) shall be installed or implemented as needed to prevent tracking sediment off-site by vehicles leaving the construction area.
v. Runoff control BMPs (such as a concrete washout facility, dewatering tank, or dedicated vehicle wash area} that will be implemented during construction to retain, infiltrate, or treat stormwater and nan-stormwater runoff.
(e) Minimize Discharge of Construction Pollutants. The discharge of other pollutants resulting from construction activities (such as chemicals, paints, vehicle fluids, petroleum products, asphalt and cement compounds, debris, and trash) into runoff or coastal waters shall be minimized through the use of appropriate BMPs, including:
i. Materials management and waste management BMPs (such as stockpile management, spill prevention, and good housekeeping practices) shall be installed or implemented as needed to minimize pollutant discharge and polluted runoff resulting from staging, storage, and disposal of construction chemicals and materials. BMPs shall include, at a minimum:
A. Covering stockpiled construction materials to prevent contact with rain, and protecting ail stockpiles from stormwater runoff using temporary perimeter barriers.
B. Cleaning up ail leaks, drips, and spills immediately; having a written plan for the clean-up of spills and leaks; and maintaining an inventory of products and chemicals used on site.
C. Proper disposal of all wastes; providing trash receptacles on site; and covering open trash receptacles during wet weather.
2017-12-20 Item 08G 25 of 69 Page 13 November 14, 2017 Permit Application No.: 6-17-096
l~I~~'I~E OF II~~'EN'I''~'~ ISS~TE FERIVII~' (Upon satisfaction of special conditions)
D. Prompt removal of all construction debris from the beach.
E. Detaining, infiltrating, or treating runoff, if needed, prior to conveyance off-site during construction.
ii. Fueling and maintenance of construction equipment and vehicles sha11 be conducted off site if feasible. Any fueling and maintenance of mobile equipment conducted on site shall nat take place on the beach, and shall take place at a designated area located at least ~0 feet from coastal waters, drainage courses, and storm drain inlets, if feasible (unless those inlets are blocked to prc~iect against fuel spillsj. The fueling and maintenance area shall be designed to fully contain any spills of fuel, oil, or other contaminants. Equipment that cannot be feasibly relocated to a designated fueling and maintenance area (such as cranes} may be fueled and maintained in other areas of the site, provided that procedures are implemented to fully contain any potential spills.
(~ Minimize Other Impacts of Construction Activities. Other impacts of construction activities shall be minimized through the use of appropriate BMPs,including:
The damage or removal ofnon-invasive vegetation (including trees, native vegetation, and root structures} during construction shall be minimized, to achieve water quality benefits such as transpiration, vegetative interception, pollutant uptake, shading of waterways, and erosion control.
ii. Soil compaction due to construction activities shall be minimized, to retain the natural stormwater infiltration capacity of the sail.
(g) Construction In, Over, or Adjacent to Coastal Waters and Habitat. Construction taking place in, over, or adjacent to coastal waters and habitat shall protect the coastal waters and habitat by implementing additional BMPs,including:
Ali work shall. take place during daylight hours. and lighting of the beach and ocean area is prohibited.
ii. Ail construction equipment and materials placed on the beach during daylight construction hours shall be stored beyond the reach of tidal waters. All construction equipment and materials shall be removed in their entirety from the beach area by sunset each day that work occurs. The only exceptions shall be for erosion and sediment controls or construction area boundary fencing, where such controls or fencing are placed as close to the base of the seawalllbluff as possible, and are minimized in their extent.
iii. Tarps or other devices sha11 be used to capture debris, dust, oil, grease, rust, dirt, fine particles, and spills to protect the quality of coastal waters.
2017-12-20 Item 08G 26 of 69 Pape 14 November 14, 2017 Permit Application Na.: 6-17-096
NQ'I'ICE O~ IN'I'EllTT 'T~ ISS~.TE ~'ER1~I'I' (Upon satisfaction of special conditions)
iv. All erosion and sediment controls sha11 be in place prior to the commencement of construction, as well as at the end of each workday. At a minimum, if grading is taking place, sediment control BMPs shall be installed at the perimeter of the construction site to prevent construction-related sediment and debris from entering the ocean, waterways, natural drainage swales, and the stornl draiiz system, or being deposited on the beach.
v. Only rubber-tired construction vehicles shall be allowed on the beach; the only exception shall be that tracked vehicles may be used if the Executive Director agrees that they are required to safely carry out construction. When transiting on ~'~e b~,ach, all construction vehicles shall remain as high on the upper beach as possible, and sha11 avoid contact with ocean waters and intertidal areas,
vi. All debris resulting from construction activities shall be removed from the beach within 72 hours of completion of construction.
(h) Manage Construction-Phase BMPs. Appropriate protocols sha11 be implemented to manage. all construction-phase BMPs (including installation and removal, ongoing operation, inspection, maintenance, and training), to protect coastal water quality.
(i} Construction Site Documents. The Plan shall specify that copies of the signed CDP and the approved Plan be maintained in a conspicuous location at the construction job site at all times, and be available for public review on request. All persons involved with the construction shall be briefed on the content and meaning of the CDP and the approved Construction and Pollution Prevention Plan, and the public review requirements applicable to them, prior to commencement of construction.
(j} Construction Coordinator. The Plan shall specify that a construction coordinator be designated who may be contacted during construction should questions or emergencies arise regarding the construction. The coordinator's contact information (including, at a minimum, a telephone number available 24 hours a day for the duration of construction) shall be conspicuously posted at the job site and readily visible from public viewing areas, indicating that the coordinator should be contacted in the case of questions or emergencies. The coordinator shall record the name, phone number, and nature of all complaints received regarding the construction, and shall investigate complaints and take remedial action, if necessary, within 24 hours of receipt of the complaint or inquiry.
(k} Notification. The permittee shall notify planning staff'of the Coastal Conlrnission's San Diego District Office at least three working days in advance of(1) commencement of construction or maintenance activities, and immediately upon completion of construction or maintenance activities, and (2) of any anticipated changes in the schedule based on site conditions, weather or other unavoidable factors.
2017-12-20 Item 08G 27 of 69 Page 15 November 14, 2017 Permit Application No.: 6-17-0596
1`rI~'I'I~E QF IlrT'~'EN'I''I'~ ISSITE PERMIT (Upon satisfaction of special conditions}
(1} Progress Reports. The permittee shall submit biweekl~~ reports reflecting progress and status of the project, including an identification of any outstanding issues that may have arisen since the last progress report, or are anticipated to arise in the foreseeable future.
The permittee shall undertake development in accordance with the approved construction Plan, unless the Commission amends this permit or the Executive Director provides written determination that no amendment is legally required for any proposed minor deviations.
9. Final Dune Creation and Monitoring Plan.
PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT I'ERMI'~, the applicants shall submit, for the review and written approval of the Executive Director, a Final Dune Creation and Monitoring Plan that is in substantial conformance with the plans submitted to the Commission prepared by the San Elijo Lagoon Conservancy, California State Coastal Conservancy, City of Encinitas, and Moffatt &Nichol titled Draft Dune Habitat Restoration and Monitoring Plan for the Cardiff State Beach Living Shoreline Project dated October 2017. The applicants shall undertake development in conformance with the approved final plans unless the Commission amends this permit or the Executive. Director provides a written determination that no amendment is legally required for any proposed minor deviations. The plan, at a minimum. shall include the following:
(a) Dune Creation Plan i. Dune Creation Area ~'ootprint.~ The southern foredune creation area("dune creation"} sha11 generally include a 2,900-ft. long, approximately three acre footprint that extends from the edge of Coast Highway 101 seaward 6d feet between the Chart House ("Restaurant Row")in the north and Seaside/South. Cardiff State Beach parking lot in the south. ii. Di~~ze Specifications. The dune creation area shall be designed and contoured based on natural dune morphology (using historical records of the area and the reference sites}. The created dune ridges) shall be oriented perpendicular to the prevailing wind direction with dune faces that have a slope no steeper than 3:1. The plan shall include a grading plan that includes a detailed description of dune creation timing, daily schedule aspirations, methods and equipment to be used, staging area location(s), and the project's relationship to the San Elija Lagoon Restoration Program beach replenishment program. iii. Project BMPs. The dune creation plan shall include BMPs to maximize the success of the created dune system's physical and biological processes and functions. Far example, discontinuous sand fencing placed perpendicular to the prevailing wind direction or straw plugs may be temporarily employed to facilitate establishment of dune hummocks. A seed and mulch mixture sprayed over the dunes can also be an effective stabilization technique. iv. Dune Plantil~g. The dune creation plan shall include a planting plan using native coastal strand and southern foredune plant species (plant palette) including the amount in weight of seeds for each respective species. The plan shall prioritize the planting of seeds in the fall, the preferred approach far establishing a successful native dune plant community.
2017-12-20 Item 08G 28 of 69 Page 16 November 14, 2017 Permit Application No.: 6-17-096
NOTICE F IN'I'EN'I''I' I5SUE ~'E T (Upon satisfaction of special conditions)
The plan shall identify the number and species of container plants, the source of plant material, provision for collection, storage, propagation and use of existing native plants, and plant installation methods. The plant palette shall be made up exclusively of native dune plant species appropriate to southern California, grown from seeds or vegetative materials obtained from the site or from an appropriate nearby beach location to maintain the genetic integrity of the area. No horticultural varieties shall be used. The plan shall also include an exhibit that shows the planned locations, numbers, and spacing of the individual container plant species, including their initial distribution and abundance across the creation area. The plan sha11 include a description of planned site preparation, method and location of exotic species removal, timing of ~,Iantin~, temporary irrigation plans if necessary, and maintenance timing and techniques. The planned abundance, distribution, and percent cover of native coastal strand and southern foredune plant species shall be based on historical records, relevant literature, and the reference site(s). v. Access Paths and Fencing. To facilitate access from the 5-ft. wide footpath parallel. to Coast Highway 101 across the dunes, sia beach access points will be located within. the northern portion of the project area, where parking exists and. beach usage is highest. Symbolic post and rope or rail fencing shall border each pathway to keep traffic on the footpath. vi. Signage. Signs shall be installed and maintained in conspicuous locations adjacent to the dune creation area to notify the public that the area is a sensitive habitat restoration area and to keep out of the dune restoration areas. The signs shall indicate "Dune Creation In Progress: Please Keep Out of Dune Creation Area," or alternative language that is substantially similar. Similar signage shall be installed at or near the seaward most Limit of dune. vii. Maintenance. The plan shall include provisions for on-going maintenance and management of the dune habitat restoration and enhancement area for the term of this coastal development permit. At a minimum, semi-annual maintenance and management activities shall include, as necessary, debris removal, periodic weeding of invasive and non-native vegetation and replacement planting consistent with the approved plan.
(b} Monitoring Program A five-year monitoring program shall be designed and implemented to provide data that will guide the dune creation and direct any adaptive management actions that will increase the likelihood that the Cardiff Living Shoreline Project wi11 be successful. The monitoring program sha11 provide, at a minimum, for the following:
Performance Standards: Determination of annual and final performance standards selected based on a reference site (s} and relevant literature. The performance standards shall relate logically to the goals of the dune creation plan and include standards for special status species, species diversity, and vegetative cover. Native plant cover shall not exceed that found in southern California coastal strand and southern foredune natural habitats. The rationale for the selection of each performance standard shall be explained.
2017-12-20 Item 08G 29 of 69 Page 17 November 14, 2017 Permit Application No.: 6-17-0596
NQ~'ICE C3F IN'~'~l~IT' T~ ISSITE P~~~'I' (Upan satisfaction of special conditions)
ii. Procedurefor• Judgzng Success: Detailed description of the qualitative and quantitative sampling methods and statistics intended to 6e used to monitor dune creation success shall be provided.
iii. Initial Monitot•ing Report: Submission of a written report, prepared by a qualified environmental resource specialist, upon completion of the initial dune creation for the review and appravai of the Executive Director. The report shall document completion of the initial work and include photographs taken from pre-designated. sites, annotated to a copy of the site plans. iv. Interim Monitor°ing Reports: After initial dune creation work is completed, the applicant shall submit, by no later than December 31St each year, for the review and approval of the Executive Director, annual monitoring reports prepared by a qualified environmental resource specialist indicating the progress and relative success or failure of the dune creation. These reports shall also include recommendations for modifications or new approaches that would help the project meet the performance standards. These reports shall also include photographs taken from pre-designated sites annotated to a copy of the site plans, indicating the dune habitat creation progress at each of the sites. Each report shall be cumulative and shall summarize all previous results. Each report shall also include a "Performance Evaluation" section where information and results from the monitoring program. are used to evaluate the status of the dune habitat restoration and enhancement project in relation to the interim and final performance standards.
v. Final Report: At the end of five years, a final dune creation "Cardiff Living Shoreline" report shall be submitted for the review and approval. of the Executive Director. If the report indicates that the project has, in part, or in whole, been unsuccessful, based on the specified performance standards, the applicants} shall submit within 90 days a revised or supplemental adaptive management program to compensate for those portions of the original program that did not meet the approved performance standards}, and shall implement the measures program. The revised ar supplemental program shall be processed as an amendment to this permit.
10. Final Storage and Staging Area Plan.
PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT,the applicants shall submit, for review and written approval of the Executive Director, a Final Storage and Staging Area Plan that substantially conforms with the plans titled "Cardiff Beach Details (Sheet 1 of 2}" dated September 1, 2017. The plan shall include, at a minimum, the following components:
(a} Storage/staging shall be the minimum area necessary to accommodate project activities in the Seaside/South Cardiff State Beach parking lot, and shall be limited to an approximately 6,000 sq. ft. area (no more than 11 parking spaces) and stockpile area on the beach shall be no greater than 2,500 sq. ft. (50-ft. wide x 50-ft. long}. Allowed staging activities are equipment fueling, maintenance, and overnight storage, including for approximately 1,QQ0 cy of 2-4 ton rock from the deconstruction of the Cabrillo Power Plant groin. Tie stockpile area
2017-12-20 Item 08G 30 of 69 Page 18 November 14, 2017 Permit Application No.: 6-17-0596
It1~'I'I~E ~F IN'I'El~'~' 'I'C} ISS~TE PE1~.lVII~' (Upon satisfaction of special conditions)
shall be used during rock work activities to allow efficient and continuous construction by the contractor.
(b) A11 storage and staging shall be located outside of sensitive habitat areas. Where public parking areas are used for staging or storage of equipment and materials, the number of public parking spaces utilized shall be the minimum necessary to implement the project.
(c) No overnight storage of equipment or materials sha11 occur on the sandy beach or of outside the designated areas within the parking lot.
(d) Construction access corridors sha11 be located in a manner that has the least impact on public access to and along the shoreline of the project site.
(e) The applicant shall submit evidence that the approved final plan has been incorporated into construction bid documents.
The applicants shall undertake development in accordance with the approved final plans unless the Commission amends this permit or the Executive Director determines that no amendment is legally required for any proposed minor deviations.
11. Final Public Access Plan.
PRIOR TO ISSUANCE ~F THE C~AS'~'AI.. DEVELOPMENT PERMIT. the applicants shah submit, for the review and written approval of the Executive Director, a Final Public Access Plan that provides for the following:
(a) Continuous public access on Cardiff State Beach must be maintained at all times for the duration of construction. The plan shall include a description of the methods (including signs, fencing, etc.) by which safe public access to or around construction and/or staging areas shall be maintained during all project operations.
(b) The plan shall identify the location and width of all footpath and beach accessways. The plan shall also describe the permanent and temporary fencing and allowable maintenance activities, The plan shall include all signage identifying the public paths and acknowledge the California Coastal Commission's role in providing public access at this location by including the agency name and logo.
(c) Signage Plan: The plan shall include the provision for the installation of signage to be incorporated into the fence design described in the "95%Basis of Design" dated September 1, 2017, to inform the public of the du~~e system. The plan shall show the location, size, design, and content of all signs and describe the conditions for changing the signs, e.g., during or after vegetation establishment. The applicant acknowledges and agrees that no signs shall be posted on the sandy beach, vegetated dunes, or along the ~-ft. wide footpath unless specifically authorized by the approved plan, a separate Coastal Development Permit, or an amendment to this permit. Approved signage shall be installed concurrent with the
2017-12-20 Item 08G 31 of 69 Page 19 November 14, 2017 Permit Application No.: 6-17-096
ICI 'I'I~E F IN'T'ENT 'T' ISSUE ~E I'~" (Upon satisfaction of special conditions}
installation of the fencing. The applicants, or successors in interest, shall maintain the approved fencing signs in good condition for the life of the project and replace when necessary.
(d) The applicant shall submit euidence that the approved final plan has been incorporated into construction bid documents.
The applicants shall undertake development in accordance with the approved final plans unless the Commission amends this permit or the Executive Director determines that no amendment is legally required for any proposed minor deviations.
12. Evidence of CDP Amendment.
PRIOR TQ C~IMMEN~ElY~EN'~ ~F C~NS~'R~JC'TI4N, the applicants shall provide evidence that CDP#6-16-0248 (San Elijo Lagoon annual. inlet dredging program) has been amended, in a form and content reviewed and approved by the Executive Director, to conform to the terms and conditions of this CDP.
2017-12-20 Item 08G 32 of 69 1660 Hotel Circle North, Suite 500 San Diego, CA 92108 (619) 220-6050
December 13, 2017
City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024-3633
Attn: Ms. Kathy Weldon, Shoreline Program Manager
Subject: Proposal for Professional Services: Construction and Permitting Support for the Cardiff Beach Living Shoreline Project
Dear Ms. Weldon:
Moffatt & Nichol (M&N) presents this proposal to continue to assist the City of Encinitas (City) Engineering Department with the proposed Cardiff Beach Living Shoreline Project (Project). The Project entails the construction of a dune system fronting Coast Highway 101 (HWY 101) between Restaurant Row and Seaside Parking Lot to provide a natural sea-level rise (SLR) adaptation approach to protect this vulnerable segment of Cardiff State Beach.
Currently, the City administers a grant from the State Coastal Conservancy for the Final Engineering Design of the Project. Under this grant, M&N has been assisting the City with permitting and final engineering of the dune. The Project has recently received a Notice of Intent (NOI) to issue a Coastal Development Permit (CDP) from the California Coastal Commission as part of this work. The NOI requires that the City and California State Parks (as co-applicants) comply with several prior to issuance requirements before a CDP is issued. This proposal includes efforts to support the City in meeting these prior to issuance requirements.
The Project has also received grant funding from the Ocean Protection Council (OPC) to construct the Project in late winter/spring of 2018. This proposal outlines M&N tasks to support the City during construction of the Project. Tasks include project management and preparation of monitoring reports in accordance with Coastal Commission requirements.
Our proposed scope of work, fee, and schedule are presented below.
Scope of Work
M&N’s scope of services is provided below and is separated into permitting support and construction support sections.
1. Dune Permitting Support
As required by the Project’s NOI from the California Coastal Commission, M&N will assist the City in the preparation of the following prior to issuance plans:
2017-12-20 Item 08G 33 of 69 Ms. Kathy Weldon Proposal for Construction and Permit Support for the Cardiff Beach Living Shoreline Project December 13, 2017 Page 2
- Final Adaptive Management and Monitoring Plan - Grunion Monitoring and Avoidance Plan - Final Dune Creation and Monitoring Plan - Final Storage and Staging Area Plan - Final Public Access Plan
Also specified in the NOI’s prior to issuance requirements, M&N will assist the City by amending the San Elijo Lagoon Conservancy’s Inlet Maintenance CDP. Also included in this task is M&N attendance at weekly check in meetings and other meetings not to exceed 30 hours of staff time.
2. Dune Construction Support
A. Preparation of Monitoring Reports: M&N will prepare bi-annual monitoring reports summarizing monitoring efforts for that period. Monitoring reports will be prepared for 3 years following construction (i.e. through the Proposition 1 funding expiration). Monitoring reports will be prepared in the fall and spring of each year such that they can inform potential dune maintenance activities. The reports will summarize biological and physical monitoring efforts as well as city, stakeholder, interested parties’ observations on how the various dune features are performing. Features to be discussed include the: pedestrian trail, sand dune, dune habitat, cobble toe, rip rap, sand fences, symbolic fences, signage and beach. Thus, this report will provide a high-level summary of how the project is performing and identify management actions that could improve its function.
B. Project Management: M&N will organize Project Team meetings during construction and post-construction to support the Project. Meetings could include (but not be limited to) weekly coordination calls, submittal meetings, or council or stakeholder outreach meetings. Project team meetings will be attended by the City, State Coastal Conservancy, State Parks, and the San Elijo Lagoon Conservancy. Stakeholder meetings may be attended by the agencies such as the: Coastal Commission, U.S. Fish and Wildlife Service, Surfrider Foundation, and SANDAG. Coastal Commission meetings may be scheduled to discuss any proposed modifications to the project. Meeting coordination and attendance will not exceed the budgeted amount.
Estimated Fee
The work will be completed on a time and materials basis for an amount of $80,000. Work will be billed monthly as work is completed. The estimated fee by task is provided below. M&N labor rates through June 1, 2018 are attached.
2017-12-20 Item 08G 34 of 69 Ms. Kathy Weldon Proposal for Construction and Permit Support for the Cardiff Beach Living Shoreline Project December 13, 2017 Page 3
ESTIMATED FEE TABLE TASK FEE ($) Task 1- Dune Permitting Support $30,000 Task 2 – Dune Construction Support Task 2A – Preparation of Monitoring Reports 30,000 Task 2B – Project Management $20,000 TOTAL $80,000
This work is proposed to be completed by May 2021, consistent with the OPC grant requirements.
Thank you for the opportunity to assist the City with this effort. Please call Brian Leslie of our San Diego office at (619) 220-6050 with any questions or comments.
Sincerely,
MOFFATT & NICHOL
Perry Schacht, P.E., S.E. Brian Leslie Vice President Project Manager
2017-12-20 Item 08G 35 of 69 Ms. Kathy Weldon Proposal for Construction and Permit Support for the Cardiff Beach Living Shoreline Project December 13, 2017 Page 4
Attachment A. M&N Labor Rates for the Cardiff Beach Living Shoreline Project
Effective September 21th, 2017 to June 1, 2018 Job Classification Hourly Rate Principal Engineer/Scientist 220.00 Supervisory Engineer/Scientist 195.00 Senior Engineer/Scientist 175.00 Engineer/Scientist III 165.00 Engineer/Scientist II 150.00 Engineer/Scientist I 130.00 Staff Engineer 105.00 Senior Technician 130.00 Designer 130.00 CADD II 100.00 CADD I 80.00 Word Processor 70.00 General Clerical 62.00
2017-12-20 Item 08G 36 of 69
RESOLUTION NO. 2017-114
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS AMENDING THE FISCAL YEAR 2017-18 BUDGET
WHEREAS, on June 28, 2017 the City of Encinitas City Council adopted Resolution No. 2017-51 appropriating the budget for Fiscal Year 2017-18; and
WHEREAS, changes in anticipated revenues and/or expenditures of the City of Encinitas necessitates a revision of the appropriations for Fiscal Year 2017-18; and
WHEREAS, budgeted expenditures do not exceed anticipated revenue and available fund balance; and
WHEREAS, the City Council has reviewed the proposed Fiscal Year 2017-18 budget amendments; and
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED that the City Council of the City of Encinitas does, hereby, adopt the amendments for Fiscal Year 2017-18 as shown in Exhibit A to this resolution.
PASSED AND ADOPTED this 20th day of December, 2017, by the following vote, to wit:
AYES: NAYS: ABSENT: ABSTAIN: ______Catherine Blakespear, Mayor City of Encinitas ATTEST:
______Kathy Hollywood, City Clerk
2017-12-20 Item 08G 37 of 69 Exhibit A to Resolution 2017-114 Revenue/ Transfer In Expenditure/ Transfer Organization Object Project Increase Out Increase Fund Name Code Code No. Description (Decrease) (Decrease) 1. Public Beach 20300000 332.2 Public Recreation Mitigation $ 283,074.00 Recreation Fund Fund
2. State Capital 20390999 498.2 Transfer out grant revenue to Grant the Capital Imp. Fund $ 283,074.00 3. Capital Imp. 40100000 398.2 Transfer in grant revenue Fund from the State Capital Grant Fund $ 283,074.00 4. Capital Imp. 40195203 540 CP16A Authorize expenditure of Fund grant funds $ 283,074.00 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Total $ 566,148.00 $ 566,148.00
2017-12-20 Item 08G 38 of 69 STATE OF CALIFORNIA -- THE NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 45 Fremont Street, Suite 2000 San Francisco, CA 94105 (619) 767-2370
December 6, 2017
Ms. Sarah Pierce SANDAG 401 B Street, Suite 800 San Diego, CA 92101-4231
Re: Use of Public Recreational Beach Impact Mitigation Fund for Cardiff State Beach Pedestrian Trail Project in Encinitas
Dear Ms. Pierce:
This letter is in response to the request by the City of Encinitas to use a total of $283,074 of funds from the Public Recreational Beach Impact Mitigation Fund (Mitigation Fund) to pay for a portion of the cost to construct the Cardiff State Beach Pedestrian Trail Project in Encinitas. Pursuant to the Memorandum of Agreement (MOA) between the Coastal Commission and SANDAG, signed in 2007, fees collected by the Commission through its coastal development permit process, as mitigation for impacts of shoreline protection projects on public recreation are deposited with SANDAG and placed in an interest bearing account to be used to fund public recreation projects in the region. Allocation of the funds to a local jurisdiction requires a formal approval from its City Council as well as approval from SANDAG and the Executive Director of the Commission.
The Commission has already reviewed and approved a coastal development permit for the construction of the pedestrian trail (Ref. CDP 6-17-0596/City of Encinitas and California Department of Parks and Recreation). The pedestrian trail will be part of a larger Cardiff State Beach Living Shoreline Project. The trail will be approximately 5 feet wide and approximately 2,900 linear feet in length and will be located on the west side of Coast Highway 101 adjacent to the proposed dune system. As required by the MOA and pursuant to the attached Resolution 2017-30, the Encinitas City Council has formally approved the distribution of funds for the pedestrian trail construction project. In addition, the Shoreline Preservation Working Group has evaluated the project and recommended approval of the project to the SANDAG Regional Planning Committee at its September 1, 2017 meeting. The SANDAG Board of Directors then approved allocation of funds for the pedestrian trail construction project at its September 22, 2017 meeting.
I have reviewed the information provided, including the actions taken by the City of Encinitas and SANDAG and have determined that the project meets the eligibility criteria contained in the MOA. I therefore approve of the allocation of $283,074, by SANDAG from the mitigation fund to partially cover the costs of the pedestrian trail construction project. The total cost of the project (inclusive of the pedestrian trail described above) is approximately $2.7 million.
If you have any questions, please contact our San Diego District office at (619) 767-2370.
Sincerely,
JOHN AINSWORTH Executive Director
2017-12-20 Item 08G 39 of 69 December 6, 2017 Page 2
cc: Karl Schwing Deborah Lee Diana Lilly Sarah Richmond
2017-12-20 Item 08G 40 of 69
MEETING DATE: August 30, 2017
PREPARED BY: Katherine Weldon, ASST. CITY Mark Delin Program Administrator MANAGER: DEPARTMENT: City Manager's Office CITY MANAGER: Karen P. Brust
SUBJECT:
Cardiff Beach Living Shoreline Project
RECOMMENDATION:
1. Adopt Resolution No. 2017-72 (Attachment 1) accepting $2,072,022 from California State Coastal Conservancy to construct the Cardiff Beach Living Shoreline Project;
2. Adopt Resolution No. 2017-78 Amending the Fiscal Year 2017-18 budget to include $2,072,022 in grant funds to CP16A (Attachment 2);
3. Authorize staff to request additional grant funds from Federal Emergency Management Agency (FEMA)/California Office of Emergency Services (Cal/OES);
4. Authorize the City Manager, in consultation with the City Attorney, to execute a contract amendment with Moffatt & Nichol in the amount of $22,900 to complete the Feasibility Study for a total not-to-exceed amount of $172,900;
5. Authorize the City Manager to express the City's intent to maintain the Pedestrian Trail within the South Coast Highway 101 right-of-way.
STRATEGIC PLAN:
• Environment – By enhancing the natural environment while protecting existing infrastructure. • Community Planning - By maintaining safe and livable communities through well- maintained infrastructure and facilities. • Public Safety - By providing repairs to improve the safety of the roadway environment.
FISCAL CONSIDERATIONS:
The fiscal impact associated with the staff recommendation requires a $2,072,022 amendment to the CP16A project budget, Attachment 2. The City has successfully acquired multiple grants from the State Coastal Conservancy (SCC) to complete a feasibility study, mitigated negative declaration and final engineering and design for the Cardiff Beach Living Shoreline Project. On June 15, 2017, the SCC authorized $2,242,540 for project construction and monitoring at Cardiff State Beach (Attachment 3). The City of Encinitas will receive up to $2,072,022 for project management, administration, engineering and construction; San Elijo Lagoon Conservancy will
2017-12-20 Item 08G 41 of 69 2017-08-30 Item 10C 1 of 29 receive up to $87,229 for dune planting and biological monitoring; and the University of California Los Angeles (UCLA) will receive up to $83,289 for physical monitoring. In addition to the approved grant funds from the SCC, City staff has identified additional grant funds from FEMA/Cal OES for hazard mitigation activities aimed at reducing or eliminating future damages. If the grant is awarded, the funds would be utilized to purchase and transport additional riprap for coastal protection. The FEMA grant funds will help to offset the overall cost of the project.
The original grant for the Feasibility Study was amended twice to include specific tasks such as shoreline modeling and permitting, which increased the budget from $150,000 to $172,900. The work plan was approved by the SCC. The City and State have approved the contract adjustment, and the wording in Recommendation #4 will authorize Finance to pay the invoices, which are reimbursed by the grant.
The City currently maintains the South Coast Highway 101 and the public portion of the Cardiff Beach Living Shoreline Project right-of-way. This is a legal obligation within the City limits and includes the pedestrian trail portion of the Cardiff Beach Living Shoreline Project. An initial estimate for trail maintenance from a licensed contractor requires an increase in the general fund operations budget by approximately $18,000 per year (Attachment 4), once the project is complete. Staff will include this increase in future operating budgets.
BACKGROUND:
The shoreline in the City of Encinitas between Restaurant Row and South Cardiff State Beach is vulnerable to coastal flooding during large storm events and projected rates of sea level rise. The City of Encinitas along with the State of California (State Coastal Conservancy, State Parks & Coastal Commission) and the San Elijo Lagoon Conservancy have partnered on the Cardiff Beach Living Shoreline Project to reduce the vulnerability of Coast Highway 101, create coastal dune habitat, and beneficially reuse sand from the San Elijo Lagoon dredging operations.
On April 22, 2015, the Encinitas City Council accepted SCC grant funds to develop a conceptual/feasibility study, with stakeholder participation, on potential alternatives for this site (Attachment 5). The stakeholder workgroup identified design alternatives that were analyzed using site-specific numerical modeling to predict performance of each design.
As co-applicant, the State Parks Department (SPD) prepared and certified the Mitigated Negative Declaration. The preferred alternative included: a) reconfigure existing rip rap into an engineered revetment along Highway 101, b) reconfigure existing cobble into a sand dune core, c) create a sand dune feature (on top of the cobble and rip rap), beneficially reuse approximately 10,000 cubic yards of sand from annual San Elijo Lagoon dredging, and d) maintain and improve coastal access along Highway 101.
On February 24, 2016, the Encinitas City Council received the Feasibility Study, authorized staff to apply for a second round of grants from SCC to complete the final design, engineering and specifications, for a cost for $322,000, and authorized the Mayor to sign a letter of support for the SCC grant application to Ocean Protection Council for $2,195,932 for construction of the Cardiff Beach Living Shoreline Project (Attachment 6).
On October 12, 2016, the Encinitas City Council accepted the final engineering design grant of $322,000. The City also executed a contract amendment with Moffatt and Nichol to complete the design and engineering. Council adopted Resolution No. 2016-87 amending the Fiscal Year 2016-17 Budget to include the additional grant funds (Attachment 7).
On May 24, 2017, the Encinitas City Council adopted Resolution 2017-30 requesting $281,000 from the Public Recreation Beach Impact Mitigation fund, managed by SANDAG, for the Cardiff Beach Pedestrian trail (Attachment 8). This item has been approved and endorsed by the
2017-12-20 Item 08G 42 of 69 2017-08-30 Item 10C 2 of 29 SANDAG Shoreline Protection Working Group and scheduled for the Regional Planning Committee on September 1, 2017.
The City of Encinitas and State Parks Department (SPD) are co-applicants and co-owners of the project site and are drafting a Memorandum of Understanding identifying jurisdictional management in the future. The City maintains the Coast Highway 101 and the roadway easements whereas the State Parks Department manages the park and open space.
This project is consistent with enabling legislation to address the potential impacts of climate change, enhance natural resources, and it is consistent with the City's current Local Coastal Program (LCP).
ANALYSIS
The City of Encinitas, SCC and the SPD have partnered to develop a coastal resiliency project to reduce flooding and coastal damages due to sea level rise and coastal erosion. The Living Shoreline project is a pilot project for the state of California and a model for other coastal cities.
The SCC, City of Encinitas and the SPD have developed a Feasibility study, Mitigated Negative Declaration (MND), Major Use Permit (MUP) and are in the process of finalizing the engineering and design phase with grants provided by the SCC.
On June 15, 2017, the SCC approved authorization to award construction funds to the City of Encinitas for the Cardiff State Beach Living Shoreline Project No. 15-003-03. The funds will be utilized for mobilization/demobilization, dune reconstruction, pedestrian pathway, parking area improvements, fencing, traffic control, signage and stormwater pollution control plans. The SCC is also providing the San Elijo Lagoon Conservancy and the University of California Los Angeles funds for dune planting, biological monitoring and physical monitoring.
Recently, FEMA and Cal/OES released a new grant opportunity aimed at reducing or eliminating future damages, as part of the Hazard Mitigation Program. Staff submitted a Notice of Intent (NOI) for reimbursement for the shoreline protection device. The City is requesting $954,486 to purchase and deliver boulders to the project area. The City must submit a complete application by November 1, 2017, which includes a Benefit Cost Analysis (BCA), to determine eligibility.
During the Feasibility grant application process, the SCC requested additional coastal modeling to help determine the longevity and sustainability of the dune system along Cardiff State Beach after storms and sea level rise. Additional permit review was also required that was unexpected at the time of the initial grant application. The SCC amended the contract and approved the cost increase. The contract requires authorization from Council to increase the total amount from $150,000 to $172,900, to be fully reimbursed by the SCC grant.
The Parks and Recreation Department has goals to expand greenways, bike paths and trail connectivity while also promoting active lifestyles and community health with further access to trails, parks, beaches and other recreational opportunities. The dune trail is designed to alleviate pedestrian traffic in the bike lane along South Coast Highway 101, thereby reducing accidents and enhancing recreation along this corridor. The City's Public Works Department currently maintains the South Coast Highway 101 through mechanical means, although additional resources may be required to assist with long-term maintenance. A rough estimate for maintenance costs is $18,000 per year for trail cleaning, trash can change out and routine maintenance per parkway specification for Encinitas. This amount will be included in future city operating budgets.
2017-12-20 Item 08G 43 of 69 2017-08-30 Item 10C 3 of 29 ENVIRONMENTAL CONSIDERATIONS:
A Mitigated Negative Declaration (MND) has been approved by the SPD according to CEQA policy. In addition, a Major Use Permit (MUP) is being submitted required by the City of Encinitas and a Coastal Development Permit (CDP) will be issued by the California Coastal Commission.
This action is related to Climate Action Plan Measure T-4, "Bikeway Master Plan implementation and Action Items."
This project is related to the Climate Action Plan chapter on Climate Adaptation. This chapter addresses coastal climate impacts and identifies adaptation strategies.
ATTACHMENTS:
1. Resolution No. 2017-72, entitled "Resolution of the City Council of the City of Encinitas, California, Approving Construction Grant Fund from the State Coastal Conservancy Grant Program." 2. Resolution No. 2017-78 - (Exhibit A), entitled "A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2017-18 Budget." 3. State Coastal Conservancy Staff Report - June 15, 2017 4. Cost Estimate for Pedestrian Trail Maintenance 5. Agenda Report - April 22, 2015 6. Agenda Report - February 24, 2016 7. Agenda Report - October 12, 2016 8. Agenda Report - May 24, 2017 9. Cardiff Beach Living Shoreline Project - Grant Summary Report
2017-12-20 Item 08G 44 of 69 2017-08-30 Item 10C 4 of 29 RESOLUTION NO. 2017-72
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, APPROVING CONSTRUCTION GRANT FUNDS UNDER THE STATE COASTAL CONSERVANCY GRANT PROGRAM
WHEREAS, the mission of the State Coastal Conservancy is to protect, restore, and enhance coastal resources, and to provide access to the shore;
WHEREAS, the Conservancy awards grants for projects that it determines are consistent with Division 21 of the Public Resources Code and with the Conservancy’s Strategic Plan and that best achieve the Conservancy’s statutory objectives, in light of limited funding;
WHEREAS, the City of Encinitas applied for a Living Shoreline Grant, i.e., Cardiff State Beach Living Shoreline construction grant from the State Coastal Conservancy for $2,072,022;
WHEREAS, at its June15, 2017 meeting, the Conservancy authorized a resolution authorizing a grant to the City of Encinitas (“grantee”) for the Cardiff State Beach Living Shoreline Construction (“the project”). The resolution was adopted by the Conservancy pursuant to and is included in the Conservancy June 15, 2017, staff recommendation, a copy of which is on file with the grantee and with the Conservancy; and
WHEREAS, the Conservancy requires that governing body of the grantee certify through a resolution that it approves the award of Conservancy grant funding and authorizes the execution by a representative of the grantee of a grant agreement on terms and conditions required by the Conservancy;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ENCINITAS HEREBY RESOLVES AS FOLLOWS:
SECTION 1. Approves the award of construction grant funding from the Conservancy for $2,072,022.
SECTION 2. Agrees to be bound by all terms and conditions of the grant agreement and any other agreement or instrument as may be required by the Conservancy and as may be necessary to fulfill the terms of the grant agreement and to complete the project.
SECTION 3. The City Council authorizes the City Manager, or designee to act as the Representative of the City of Encinitas to negotiate and execute all agreements necessary to comply with the Conservancy’s grant requirements, including, without limitation, the grant agreement: Karen P. Brust
SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions
2017-12-20 Item 08G 45 of 69 2017-08-30 Item 10C 5 of 29
PASSED AND ADOPTED this ______day of ______, 2017 by the following vote, to wit;
AYES:
NAYS:
ABSTAIN:
ABSENT:
______Catherine Blakespear Mayor
______Kathy Hollywood, City Clerk
2017-12-20 Item 08G 46 of 69 2017-08-30 Item 10C 6 of 29
RESOLUTION NO. 2017-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS AMENDING THE FISCAL YEAR 2017-18 BUDGET
WHEREAS, on June 28, 2017 the City of Encinitas City Council adopted Resolution No. 2017-51 appropriating the budget for Fiscal Year 2017-18; and
WHEREAS, changes in anticipated revenues and/or expenditures of the City of Encinitas necessitates a revision of the appropriations for Fiscal Year 2017-18; and
WHEREAS, budgeted expenditures do not exceed anticipated revenue and available fund balance; and
WHEREAS, the City Council has reviewed the proposed Fiscal Year 2017-18 budget amendments; and
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED that the City Council of the City of Encinitas does, hereby, adopt the amendments for Fiscal Year 2017-18 as shown in Exhibit A to this resolution.
PASSED AND ADOPTED this 30th day of August, 2017, by the following vote, to wit:
AYES: NAYS: ABSENT: ABSTAIN: ______Catherine Blakespear, Mayor City of Encinitas ATTEST:
______Kathy Hollywood, City Clerk
2017-12-20 Item 08G 47 of 69 2017-08-30 Item 10C 7 of 29 Exhibit A to Resolution 2017-78 Revenue/ Transfer In Organization Object Project Increase Expenditure/ Transfer Out Fund Name Code Code No. Description (Decrease) Increase (Decrease) 1. State Capital 20300000 332.2 State Coastal Conservancy $ 2,072,022.00 Grant Grant 2. State Capital 20390999 498.2 Transfer out grant revenue to Grant the Capital Imp. Fund $ 2,072,022.00 3. Capital Imp. 40100000 398.2 Transfer in grant revenue Fund from the State Capital Grant Fund $ 2,072,022.00 4. Capital Imp. 40195203 540 CP16A Authorize expenditure of Fund grant funds $ 2,072,022.00 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Total $ 4,144,044.00 $ 4,144,044.00
2017-12-20 Item 08G 48 of 69 2017-08-30 Item 10C 8 of 29 COASTAL CONSERVANCY
Staff Recommendation June 15, 2017
Cardiff State Beach Living Shoreline Project
Project No. 15-003-03 Project Manager: Evyan Sloane
RECOMMENDED ACTION: Authorization to disburse a total of up to $2,242,540 to the City of Encinitas, the San Elijo Lagoon Conservancy, and the University of California Los Angeles for dune restoration and monitoring at Cardiff State Beach, County of San Diego.
LOCATION: San Elijo Lagoon, City of Encinitas, County of San Diego (Exhibit 1).
PROGRAM CATEGORY: Climate Adaptation, Resource Enhancement
EXHIBITS Exhibit 1: Project Location Map Exhibit 2: Photos of Proposed Project Area and Design Exhibit 3: Project Letters Exhibit 4: Addendum to Final Mitigated Negative Declaration Exhibit 5: September 29, 2016 Conservancy authorization
RESOLUTION AND FINDINGS: Staff recommends that the State Coastal Conservancy adopt the following resolution pursuant to Sections 31113 and 31251-31270 of the Public Resources Code: “The State Coastal Conservancy hereby authorizes the disbursement of up to two million two hundred forty-two thousand five hundred forty dollars ($2,242,540) for dune restoration and monitoring at Cardiff State Beach, as follows: 1) Up to two million seventy two thousand twenty-two dollars ($2,072,022) to the City of Encinitas for project management, administration, engineering, and planning; 2) Up to eighty seven thousand two hundred twenty-nine dollars ($87,229) to the San Elijo Lagoon Conservancy for dune planting and biological monitoring; and 3) Up to eighty three thousand two hundred eighty-nine dollars ($83,289) to the University of California Los Angeles for physical monitoring. Prior to the disbursement of any funds to a grantee, the grantee shall submit for the review and written approval of the Conservancy’s Executive Officer a work program, including budget and
2017-12-20 Item 08G 49 of 69 2017-08-30 Item 10C 9 of 29 schedule, and the names and qualifications of any contractors to be employed for these work program tasks.”
Staff further recommends that the Conservancy adopt the following findings: “Based on the accompanying staff report and attached exhibits, the State Coastal Conservancy hereby finds that: 1. The proposed authorization is consistent with Chapter 3 of Division 21 of the Public Resources Code (Section 31113), regarding addressing the impacts of climate change and Chapter 6 of Division 21 of the Public Resources Code (Sections 31251-31270) regarding resource enhancement. 2. The proposed project is consistent with the current Conservancy Project Selection Criteria and Guidelines. 3. The San Elijo Lagoon Conservancy is a nonprofit organization existing under section 501(c)(3) of the U.S. Internal Revenue Code, and whose purposes are consistent with Division 21 of the Public Resources Code. 4. The proposed project remains consistent with the Conservancy’s September 26, 2016 findings with respect to the California Environmental Quality Act.”
PROJECT SUMMARY: Staff recommends authorization to disburse a total amount of up to $2,242,540 of state funds from the Ocean Protection Council to the City of Encinitas (“City”), the San Elijo Lagoon Conservancy (“SELC”), and the University of California Los Angeles (“UCLA”) to construct a dune restoration project and implement the monitoring and community education associated with the restoration at Cardiff State Beach, owned by the California Department of Parks and Recreation (“State Parks”).
The dune restoration project (“project”) will provide natural sea-level rise protection to Cardiff State Beach and Highway 101 by utilizing a “living shoreline” approach that creates four acres of beach dunes. Dune restoration is a useful sea-level rise adaptation strategy because dunes can reduce coastal storm damage by buffering the shoreline from waves and tides. Coastal dunes have been heavily impacted by development and very little of this habitat type remains in Southern California, so this proposed project will both restore a heavily impacted habitat and provide natural sea-level rise adaptation at Cardiff State Beach. The project will construct four acres of beach dunes and a footpath along the dunes, and support a scientific monitoring program.
The proposed project will build on two earlier phases funded by the Conservancy. Phase 1, authorized for funding by the Conservancy on March 26, 2015, investigated the appropriate design and approach for restoring historic dunes along Coast Highway at Cardiff State Beach and identified a preferred restoration alternative. Phase 2, authorized in September 2016, finalized the planning and design of the project. Additionally, the project will see significant cost savings
2017-12-20 Item 08G 50 of 69 2017-08-30 Item 10C 10 of 29 through utilization of approximately 30,000 cubic yards of beach-compatible material from the San Elijo Lagoon, which will be enough material to construct the entire 4-acres of dune habitat.
The proposed project will potentially reduce the vulnerability of Coast Highway, San Elijo Lagoon, and other coastal infrastructure and natural resources to sea level rise and restore a habitat that has been severely impacted in this area. It will also expand the SELC’s environmental education program to include living shoreline and dune education as well as increase public access to Cardiff State Beach with the construction of a dune footpath.
Physical and biological monitoring will be conducted before and after project construction to provide information on how and why dune topography changes over time and which native plants are the best suited for dune restoration in the region. The City and UCLA will monitor the seaward toe of the dunes to evaluate sand accretion and erosion as well as general sand dynamics of the beach. The project will also include annual, early spring plant monitoring and invasive control efforts in the project area and reference site conducted by SELC.
The City will provide project management, administration, engineering, and planning, and will be responsible for on-going maintenance once the project is completed. The SELC will provide dune biologists for planting and biological monitoring. UCLA will provide the physical monitoring program. All of these grantees have worked with the Conservancy in the past and have proven records of accomplishment of competence and expertise for the project elements for which they are responsible.
Site Description: The Cardiff LSP area is located at Cardiff State Beach in the City of Encinitas (Exhibit 1). The Cardiff LSP area extends from the south end of Restaurant Row to the north end of the Seaside State Park parking lot (See Exhibit 1). The Cardiff LSP area straddles the Swami’s State Marine Conservation Area (SMCA) and the San Elijo Lagoon SMCA, both managed by the California Department of Fish and Wildlife. The Cardiff LSP area consists of the back beach portion of Cardiff Beach owned and managed by State Parks. State Parks and the City of Encinitas will be developing and signing a Memorandum of Understanding allowing the City to perform general operations and maintenance of the project once constructed. Project History: For over 25 years, the Conservancy has been working with the SELC on the restoration and management of San Elijo Lagoon. Currently, Conservancy staff maintains its involvement in the San Elijo Lagoon Restoration Project (“SELRP”) and staff has been on the SELRP stakeholder group for seven years. The Conservancy also partially funded the preliminary engineering for the SELRP. The SELRP will include the export of approximately one million cubic yards of beach-compatible materials over ten months. The proposed project complements the SELRP by providing a beneficial reuse placement site for approximately thirty thousand cubic yards of export materials generated during construction. The project also complements the SELRP by investigating options for protecting the estuary, and the SELRP, from sea level rise. The proposed project is related to and generally consistent with the SELC’s Seaside Terrace Dune Plant Restoration Project, which is directly adjacent, and SELC’s involvement in both projects will promote consistency between them.
2017-12-20 Item 08G 51 of 69 2017-08-30 Item 10C 11 of 29 This will be the third Conservancy authorization for the Cardiff Living Shoreline Project. On March 26, 2015, the Conservancy authorized a $150,000 grant to the City to conduct a feasibility study and conceptual plan for the project. On September 29, 2016, the Conservancy authorized a $322,000 grant to the City to complete the design and permitting for the project and approved, as a responsible agency under CEQA, State Parks’ Mitigated Negative Declaration for the project (Exhibit 5).
PROJECT FINANCING Ocean Protection Council (OPC) grant funds to the City $1,982,000 Coastal Commission (CCC) Violation Remediation to the City $90,022 OPC grant funds to the SELC $68,948 CCC to the SELC $18,281 OPC grant funds to UCLA $80,592 CCC to UCLA $2,697 Project Total $2,242,540
The expected fund source for this project is a grant to the Conservancy from the Ocean Protection Council’s fiscal year 2015 appropriation from the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Proposition 1, Water Code § 79700 et seq). The second expected fund source for this project is the Violation Remediation Account (VRA). VRA funds are derived from Coastal Commission coastal development permit enforcement actions and use of those VRA funds are guided by a Memorandum of Understanding between the Coastal Commission and the Conservancy. The Coastal Commission has agreed to use of VRA funds derived from the Sonnie violation (#V-6-97-003), the Brown violation (#CCC-09-CD-05), and the Biem violation (#CCC-14-CD-05) for this proposed project. All these violations occurred in San Diego County.
CONSISTENCY WITH CONSERVANCY’S ENABLING LEGISLATION: The proposed project will be undertaken pursuant to Chapter 3 of the Conservancy’s enabling legislation, (Public Resource Code Section 31113) and Chapter 6, resource enhancement (Public Resources Code Sections 31251-31270). Section 31113 permits the Conservancy to address the potential impacts of climate change on resources within its jurisdiction. Pursuant to this authorization, the proposed project will construct native dune habitat as a natural solution for resource adaptation to address sea level rise. Consistent with Section 31251, the proposed project will implement corrective actions (dune restoration) to enhance natural resources, specifically the dunes along the coast at Cardiff State Beach, that have suffered the loss of natural and scenic values due to indiscriminate dredging and filling, improper location of improvements, human-induced events, and incompatible land uses. The proposed project is intended to assist the Conservancy in meeting its purposes and objectives
2017-12-20 Item 08G 52 of 69 2017-08-30 Item 10C 12 of 29 under this section by increasing the feasibility, cost-effectiveness, and persistence of wetland restoration and enhancement projects in Southern California’s coastal zone and coastal watersheds. Consistent with Section 31251, the City and UCLA are public agencies and SELC is a non-profit, and therefore qualify for grants from the Conservancy under Chapter 6. The proposed project is consistent with Section 31252 because the City’s current Local Coastal Program (LCP) identifies coastal resources, such as this proposed area, as requiring public action to resolve existing or potential resource protection problems to preserve the integrity, function, productivity, and long-term viability of environmentally sensitive habitats (LCP policy 10 on Preservation of Environmentally Sensitive Habitats). Additionally, LCP Policy 8.9 provides for the City to adopt land use categories for the purposes of implementing the Local Coastal Plan. In the City’s General Plan, the proposed project site is identified as a coastal area to be publicly improved (e.g. roadway, parking, traffic control, and drainage; General Plan Land Use policy on Commercial Revitalization for Community of Cardiff-By-The-Sea). Therefore, the proposed project is consistent with Section 31252 regarding the LCP goals because it will provide native dune habitat as well as protect the roadway from the undercutting and overtopping of waves. Section 31253 permits the Conservancy to provide up to the total cost of any coastal resource enhancement project, consistent with established project eligibility and priority factors. In determining the amount of Conservancy funding for this proposed project, the factors identified in Section 31253 were considered and applied, as described in detail in the section “Consistency With Conservancy's Project Selection Criteria & Guidelines,” below. Additionally, the proposed project was reviewed and subsequently recommended for funding through a competitive grant process under the Ocean Protection Council’s Proposition 1 Grant Program Guidelines.
CONSISTENCY WITH CONSERVANCY’S ACCESS PROGRAM STANDARDS: Standard No. 1, Protect Public and Coastal Resources: The project will safely accommodate public use by having adequate barriers and signage to prevent parking congestions, crowding, and misuse of coastal resources. Standard No. 2, Correct Hazards: The project’s pedestrian footpath will not increase the potential for any hazard, such as fire or erosion. Standard No. 8, Trails: The project’s pedestrian footpath will connect two access points, one in the northern-most point of the project boundary and one in the southern-most point of the Project boundary, which does not exist today except on the beach itself. The footpath will have adequate barriers and signage for pedestrians. Standard No. 13, Barrier-Free Access: The project’s pedestrian footpath will have at least one barrier-free access point adhering to the requirements of Title 24 of the California Administrative Code.
CONSISTENCY WITH CONSERVANCY’S 2013 STRATEGIC PLAN GOAL(S) & OBJECTIVE(S), AS REVISED JUNE 25, 2015: Consistent with Goal 5, Objective B of the Conservancy’s 2013-2018 Strategic Plan, the proposed project will restore approximately 4 acres of coastal dunes.
2017-12-20 Item 08G 53 of 69 2017-08-30 Item 10C 13 of 29 Consistent with Goal 7, Objective D, the proposed project will implement an adaptation strategy to address threats to coastal communities and public infrastructure in a way that protects natural resources and provides maximum public benefits.
CONSISTENCY WITH CONSERVANCY’S PROJECT SELECTION CRITERIA & GUIDELINES: The proposed project is consistent with the Conservancy’s Project Selection Criteria and Guidelines, last updated on October 2, 2014, in the following respects:
Required Criteria 1. Promotion of the Conservancy’s statutory programs and purposes: See the “Consistency with Conservancy’s Enabling Legislation” section above. 2. Consistency with purposes of the funding source: See the “Project Financing” section above. 3. Promotion and implementation of state plans and policies: The proposed project is consistent with the following state plans and policies promoting global climate change resilience and adaptation: a. The proposed project implements California @ 50 Million: The Environmental Goals and Policy Report (Governor’s Office of Planning and Research, 2013 Draft) by pursuing the action to invest in climate adaptation pilot programs, tools and approaches. b. The proposed project aligns with the goals listed in the CA Climate Adaptation Strategy/Safeguarding California: Reducing Climate Risk Plan (CA Natural Resources Agency, July 2014) by implementing an innovative shoreline management project. The proposed project will provide insight into managing shorelines in the era of rising sea levels and storm surges. c. The proposed project will implement the Regional Strategy for the Southern California Wetlands Recovery Project (2001) by restoring dunes to buffer wetland habitat. 4. Support of the public: The proposed project is supported by a number of local organizations. See Exhibit 3 for new support letters from California State Parks and California Coastal Commission and Exhibit 5 for previous support letters from legislators and other relevant agencies. 5. Location: The project area is located within the coastal zone at Cardiff State Beach between the cities of Encinitas and Solana Beach. 6. Need: The stretch of Coast Highway at Cardiff State Beach, which provides coastal access for about 20,000 users each day, is already affected by coastal erosion and wave overtopping. With predicted rates of sea level rise, the impacts to Coast Highway are predicted to increase. The City wants to implement the use of natural solutions for shoreline protection, such as dune restoration, instead of waiting until it is too late to implement natural solutions so that
2017-12-20 Item 08G 54 of 69 2017-08-30 Item 10C 14 of 29 hard structures are the only option. The City does not have the funding available for this kind of project and the proposed project will not occur without the proposed authorization. 7. Greater-than-local interest: Developing and implementing living shorelines projects is of interest for the entire State. The information gathered from the project will allow the Conservancy and other state and federal agencies and non-profits to replicate projects like this throughout the State. 8. Sea level rise vulnerability: Coast Highway at Cardiff State Beach is highly vulnerable to sea level rise because of its location on the coast. The project will investigate an innovative method for the City to protect built and natural infrastructure from sea level rise, while also restoring habitat.
Additional Criteria 9. Urgency: The project is urgent as threats of sea level rise continue to increase in California’s coastal zones. In addition, the SELRP is on schedule to begin construction in fall 2017. The project will use the beach sand from San Elijo Lagoon as a possible low-cost source to restore dunes along Coast Highway. The City must be ready to implement the project before the SELRP begins in order to take advantage of the available beach sand. 10. Resolution of more than one issue: The project resolves many issues in the region including the absence of native dune habitat, lack of local knowledge in living shoreline approaches for sea level rise adaptation, and reduced public access to Cardiff State Beach along Highway 101. 11. Leverage: The City will provide approximately $100,000 of in-kind services for the proposed project in City staff time. In addition, the project is estimated to save approximately $1,000,000 in project costs by using sand from the San Elijo Lagoon. 12. Innovation: Living shorelines projects, such as the one proposed, are an innovative approach to sea level rise adaptation. 13. Readiness: SCC has worked with the grantee, setting out specific milestones that needed to be achieved before grant funds would be administered. The grantee has submitted all of the requested documents, including a letter of intent to sign a Memorandum of Understanding with State Parks for maintenance of the project, and has thus demonstrated its readiness to implement the project. 14. Realization of prior Conservancy goals: “See “Project History” above.” 16. Cooperation: The City, the SELC, State Parks, the Coastal Commission, and SANDAG have coordinated and will work together in the development of the proposed project. 17. Vulnerability from climate change impacts other than sea level rise: While the proposed project area is not vulnerable to sea level rise, projected increases in storm events and El Niño may exacerbate those effects. An implementation goal of the Cardiff LSP is to protect the surrounding areas from these events and if any of the Cardiff LSP elements requires maintenance, the annual source of sand from the management of the San Elijo Lagoon will provide sand material needed to rebuild the dune features.
2017-12-20 Item 08G 55 of 69 2017-08-30 Item 10C 15 of 29 15. Minimization of greenhouse gas emissions: As determined in the project’s Mitigated Negative Declaration, there will be no significant adverse impact of greenhouse gas emissions from project construction.
CONSISTENCY WITH LOCAL COASTAL PROGRAM POLICIES: The project is consistent with the City’s current Local Coastal Program in its goals to undertake programs to ensure that coastal areas are maintained and remain safe and scenic for both residents and wildlife, and to preserve the integrity, function, productivity and long-term viability of environmentally-sensitive habitats throughout the City.
COMPLIANCE WITH CEQA: On March 24, 2016, State Parks as lead agency under the California Environmental Quality Act (CEQA) adopted a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) for the Cardiff Living Shoreline Project. On September 29, 2016, the Conservancy considered the MND and approved the Cardiff Living Shoreline Project (Project). See Exhibit 5). Subsequently, there were changes to the Project. The Project changes include minor changes to the project description such as a potential increase in the sand dune crest height by 10 inches and the footpath increasing in width by 1 foot. Another minor change to the Project is that the construction work will occur between September 15 and May 25 (instead of September 15 and March 1) of any year. In addition, State Parks discovered new information regarding the Project’s possible environmental effect on fish resources, namely on the California grunion. The MND identified a “less than significant” effect from the Project on the California grunion. However, State Parks has determined that the effect on California grunion is “less than significant with mitigation measures incorporated” (See Exhibit 4, Addendum, pp 20-24). To address the possible environmental effects of these Project changes, on May 10, 2017, State Parks as lead agency approved an addendum to the MND (See Exhibit 4). State Parks determined that an addendum to the MND was proper because in light of the whole record, there is no substantial evidence that the Project changes have the possibility for a significant environmental effect as described in 14 California Code of Regulations (CCR) §15162; the project changes are minor, technical additions or changes as described in CCR Section 15164(b); and the new information regarding the project’s possible significant effect on the grunion is not of substantial importance as described in CCR Section 15162(a)(3). (See Exhibit 4). Staff therefore recommends that the Conservancy find that the proposed project remains consistent with the CEQA findings made in its September 29, 2016 authorization for the Cardiff Living Shoreline Project (See Exhibit 5).
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MEETING DATE: April 22, 2015
PREPARED BY: Katherine Weldon, DEPT. DIRECTOR: Glenn Pruim Program Administrator DEPARTMENT: Public Works CITY MANAGER: Lawrence A. Watt
SUBJECT:
AWARD OF A CALIFORNIA COASTAL CONSERVANCY GRANT FOR A CARDIFF STATE BEACH LIVING SHORELINE CONCEPTUAL PLAN
RECOMMENDATION:
City Council take the following actions:
1. Accept grant funds from the California Coastal Conservancy in the amount of $150,000 for the development of a Cardiff State Beach Living Shoreline Conceptual Plan. 2. Adopt Resolution 2015-11 designating the City Manager or his designee as an authorized representative for the City of Encinitas to execute agreements with the California Coastal Conservancy. 3. Authorize the City Manager to execute a professional services agreement, not to exceed $150,000, for the development of the Cardiff State Beach Living Shoreline Conceptual Plan.
STRATEGIC PLAN:
This project aligns with the Strategic Plan goals for:
• Environment – By enhancing the natural environment while protecting existing infrastructure. • Public Safety – By creating a safe and secure environment for pedestrians traveling the area. • Recreation – By improving recreational access and open space.
FISCAL CONSIDERATIONS:
The State Coastal Conservancy has approved an allocation of $150,000 for development of the Cardiff State Beach Living Shoreline conceptual plan. As an in-kind service, $50,000 of city staff time will be dedicated to project management for contracting, agency coordination, and grant reporting.
2017-12-20 Item 08G 58 of 69 2017-08-30 Item 10C 18 of 29 BACKGROUND:
The southernmost shoreline segment in the City of Encinitas between Restaurant Row and South Cardiff State Beach has been identified as being extremely vulnerable to projected rates of sea-level rise and coastal flooding (Attachment 1). In the past, high tides and high surf caused over 42 road closures along this low-elevation barrier spit fronting the San Elijo Lagoon on which the Coast Highway 101 and numerous utility corridors are located. The highway also provides critical protection for the San Elijo Lagoon and emergency access to Solana Beach.
On June 18th, 2014 the City Council approved an application to the State Coastal Conservancy for a Living Shoreline Grant opportunity. This grant project consists of the development of a conceptual dune restoration plan along the west side of Highway 101 to reduce the vulnerability of coastal infrastructure and natural resources in this region. Coastal dune systems have been found to provide multiple benefits in that they provide valuable habitat and coastal storm damage reduction during extreme events.
ANALYSIS:
The conceptual plan would investigate the appropriate design and approach for restoring historic dunes along Coast Highway 101 to reduce the potential of wave overtopping, undermining, and reduce the vulnerability of Coast Highway 101, San Elijo Lagoon, and other coastal infrastructure and natural resources due to sea level rise. In addition, dune restoration would restore a habitat that has been severely impacted in this area due to urbanization. This project is closely tied to the San Elijo Lagoon Restoration Project (SELRP), offering a beneficial reuse option for the export materials generated during construction.
This grant project will develop a range of feasible dune restoration alternatives at Cardiff State Beach through close coordination with the SELRP team, resource agencies and the public. Specific tasks for this project include conceptual alternative development, seed collection and bulking, CEQA analysis and document preparation and permit applications. The conceptual alternative development will include outreach meetings with relevant stakeholders and the public, collection and assimilation of existing data, and dune concept development
ENVIRONMENTAL CONSIDERATIONS:
The project would include the acquisition of numerous permits from the following agencies:
Coastal Development Permit – (California Coastal Commission) Right of Entry Permit (California Department of Park and Recreation) Section 10 & 404 Permit (US Army Corps of Engineers) 401 Certification (Regional Water Quality Control Board) Lease of State Lands (California State Lands Commission)
A CEQA compliant document will be prepared to analyze and communicate the potential impacts associated with the project.
ATTACHMENTS:
1. Vicinity Map 2. Grant Application 3. Letters of Support 4. California Coastal Conservancy Staff Report, March 26, 2015 5. Resolution 2015-11
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MEETING DATE: February 24, 2016
PREPARED BY: Katherine Weldon, DEPT. DIRECTOR: Glenn Pruim Program Administrator DEPARTMENT: Engineering/Public CITY MANAGER: Karen P. Brust Works
SUBJECT:
CARDIFF BEACH LIVING SHORELINE PROJECT
RECOMMENDATION:
1. Receive Cardiff Beach Living Shoreline Project Feasibility Study.
2. Authorize staff to apply for additional $322,000 in grant funding through the California State Coastal Conservancy for the preparation of construction documents and public outreach.
3. Authorize the Mayor to sign a letter of support for the California State Coastal Conservancy’s grant application for $2,195,932 for construction of the Cardiff Beach Living Shoreline Project.
STRATEGIC PLAN:
This item falls under the Environment focus area, by enhancing the natural environment while protecting existing infrastructure.
FISCAL CONSIDERATIONS:
The fiscal impact associated with the staff recommendations is included in the approved budget. Grant matching fund needs will be provided through in-kind services utilizing existing City staff for such tasks as administration, contracting, reporting, and monitoring for approximately $50,000 per year.
BACKGROUND:
The shoreline in the City of Encinitas between Restaurant Row and South Cardiff State Beach, including Coast Highway 101, is vulnerable to coastal flooding during large storm events and projected rates of sea level rise. On April 22, 2015, the City Council accepted a grant award of $150,000 from the California State Coastal Conservancy for the City of Encinitas, in collaboration with local stakeholders, to develop a Cardiff Beach Living Shoreline Conceptual/Feasibility Study (Attachment 1). This grant opportunity assisted in the development of a conceptual design to reduce the vulnerability of Coast Highway 101, create coastal dune habitat, and beneficially reuse sand from San Elijo Lagoon dredging operations. Additional tasks under this grant include the preparation of a CEQA compliant environmental document and resource agency permitting.
2017-12-20 Item 08G 60 of 69 2017-08-30 Item 10C 20 of 29 The objective of the Cardiff Beach Living Shoreline Project is to create a dune system on the seaward side of Coast Highway 101, on Cardiff State Beach, to serve as a natural sea-level rise (SLR) adaptation approach to protect a vulnerable segment of the roadway, while providing native dune habitat. Coastal dune systems have been found to provide multiple benefits by providing coastal habitat and storm damage reduction during extreme events.
Development of the conceptual/feasibility plan brought together a diverse group of stakeholders including the City of Encinitas, California State Coastal Conservancy, California Coastal Commission, California State Parks Department, San Elijo Lagoon Conservancy, Scripps Institution of Oceanography, U.S. Fish and Wildlife Service, the San Diego Association of Governments, U.S. Army Corps of Engineers, and the Surfrider Foundation. This stakeholder workgroup collaborated through a series of four meetings to identify a variety of dune system design alternatives, ascertain opportunities and constraints for each design, and ultimately build consensus on a preferred conceptual design plan alternative for the dune system. As presented in the conceptual plan, four (4) alternatives were analyzed using site-specific numerical modeling to predict performance of each conceptual design towards meeting project goals (Attachment 1 - Section 9, pg. 22).
The preferred design alternative consists of consolidating and burying the existing, non- engineered revetment (rip-rap) and building, on-top of it, a profile of vegetated dunes with “lumps and bumps” of sand and cobble to serve as a heterogeneous dune system supportive or native dune habitat (Attachment 1 - Section 11, pg. 56).
The conceptual/feasibility plan, including the identified preferred design alternative, has been reviewed by local stakeholders, presented to the SANDAG Shoreline Working Group, the Encinitas Environmental Commission, and Encinitas Engineering staff, and feedback was incorporated into the study where feasible and appropriate.
In parallel to the conceptual plan, the California State Parks Department, as the Lead agency (Cardiff State Beach landowner), prepared a Mitigated Negative Declaration (MND) that was posted, as of February 5, 2016, for a required 30-day public review period. The Cardiff Beach Living Shoreline Project MND is currently available for public review until March 7, 2016. The document is posted on the City and State Park website.
ANALYSIS:
The State Coastal Conservancy recently released additional funds to assist with subsequent project phases including the preparation of construction documents, plans, specifications, construction estimate and public outreach (Attachment 2). To ensure that the Cardiff Beach Living Shoreline Project will be “shovel-ready” for construction, the project team has estimated the grant proposal to be approximately $322,000. The city will provide in-kind services in the form of contract management, invoicing, internal review and permitting assistance for approximately $50,000 per year. The grant application is due on March 31, 2016.
In anticipation of a “shovel-ready” project, and as a committed project partner, the State Coastal Conservancy submitted the Cardiff Beach Living Shoreline Project as a concept proposal for Proposition 1 grant funding through the Ocean Protection Council. The State Coastal Conservancy was subsequently invited by the Ocean Protection Council (Attachment 3) to prepare a full grant proposal, which they will submit on February 26, 2016. As such, the State Coastal Conservancy is seeking the City’s support of a Proposition 1 full grant application to the Ocean Protection Council to fund construction of the project for approximately $2,200,000.
As part of the full grant proposal to be submitted by the State Coastal Conservancy, the Ocean Protection Council is requesting Letters of Support from project partners and local government agencies. Through the City of Encinitas’ demonstrated interest in supporting this project concept, the State Coastal Conservancy is seeking a letter of support from the City of Encinitas (Attachment 4). Additional project partners and local agency support is being sought from California State Parks and Recreation and San Elijo Lagoon Conservancy.
2017-12-20 Item 08G 61 of 69 2017-08-30 Item 10C 21 of 29
The State Coastal Conservancy Proposition 1 grant application, submitted to the Ocean Protection Council, will be a request for approximately $2,200,000 million in funding for project construction. In order to meet the anticipated grant funding match requirements, city staff will assist with tasks such as construction support, inspection, monitoring, contract administration, reporting, and internal review of the proposed project for approximately $50,000 per year.
ENVIRONMENTAL CONSIDERATIONS:
According to CEQA policy, a Mitigated Negative Declaration (MND) has been prepared by the California State Parks and will be available for public review from February 5 – March 7, 2016. In addition, a Major Use Permit (MUP) will be required by the City of Encinitas and a Coastal Development Permit (CDP) will be issued by the California Coastal Commission.
ATTACHMENTS:
1. Cardiff Beach Living Shoreline Project – Feasibility Study 2. State Coastal Conservancy Proposition 1 Proposal Solicitation 3. Ocean Protection Council – Proposition 1 Full Proposal Solicitation 4. Letter of Support for Cardiff Beach Living Shoreline Project – State Coastal Conservancy – Proposition 1 Grant Proposal
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MEETING DATE: October 12, 2016
PREPARED BY: Katherine Weldon, DEPT. DIRECTOR: Glenn Pruim Program Administrator DEPARTMENT: Engineering/Public CITY MANAGER: Karen P. Brust Works
SUBJECT:
ACCEPT THE STATE COASTAL CONSERVANCY GRANT AND APPROVE A CONTRACT AMENDMENT FOR THE CARDIFF BEACH LIVING SHORELINE PROJECT
RECOMMENDATION:
Council takes the following actions:
1. Accept the State Coastal Conservancy grant of $322,000 for final engineering and design for the Cardiff Beach Living Shoreline Project; 2. Adopt City Council Resolution No. 2016-86 entitled, “Resolution of the City Council of the City of Encinitas, California, Approving Grant Funds Under the State Coastal Conservancy Grant Program” (Attachment 1); 3. Authorize the Director of Public Works, or his designee, in coordination with the City Attorney, to execute a contract amendment, and any necessary extensions, with Moffatt and Nichol, Inc. in the amount of $322,000; and, 4. Adopt City Council Resolution No. 2016-87 entitled, “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2016-17 Adopted Budget” (Attachment 2).
STRATEGIC PLAN:
This project aligns with the Strategic Goals for:
• Environment – By enhancing the natural environment while protecting existing infrastructure.
FISCAL CONSIDERATIONS:
The fiscal impact associated with the staff recommendation requires an increase to the current approved budget in the amount of $130,091. In FY 2015-16, the City Council appropriated $150,000 and in FY 2016-17 Council appropriated $214,409 for a total grant funded project budget of $364,409. With the addition of design and engineering services, the total grant funded project cost is now $494,500, necessitating the requested appropriation of an additional $130,091 in grant funds.
In FY 2015-16, the City Council accepted a grant award of $150,000 from the State Coastal Conservancy to develop a Cardiff Beach Living Shoreline Feasibility Study. There were two grant amendments due to specific modeling and permitting costs that increased the initial grant
2017-12-20 Item 08G 63 of 69 2017-08-30 Item 10C 23 of 29 amount to $172,500. The amount of the design and engineering grant under consideration is for $322,000. The total of the two grants is $494,500.
The grant under consideration will reimburse the City for a total, not to exceed amount of $322,000. Grant matching funds will be provided through in-kind services utilizing existing City staff time for such tasks as administration and management of the grant, engineering support, participation in a technical advisory committee, reporting and monitoring. The total in-kind contribution of City staff time is $100,000, which includes engineering and planning staff time over the course of a year. The contract amendment will be fully funded through the grant.
BACKGROUND:
The shoreline in the City of Encinitas between Restaurant Row and South Cardiff State Beach is vulnerable to coastal flooding during large storm events and projected rates of sea level rise. The City of Encinitas, along with the State of California (State Coastal Conservancy, State Parks & Coastal Commission), and the San Elijo Lagoon Conservancy have partnered on the development of the Cardiff Beach Living Shoreline Project.
The objective of the Cardiff Beach Living Shoreline Project is to create a dune system on the seaward side of Coast Highway 101, on Cardiff State Beach, to serve as a natural sea-level rise (SLR) adaptation approach to protect a vulnerable segment of the roadway, while providing native dune habitat. Coastal dune systems have been found to provide multiple benefits by providing coastal habitat and storm damage reduction during extreme events.
On April 22, 2015, the City Council accepted a grant award of $150,000 from the California State Coastal Conservancy for the City of Encinitas, in collaboration with local stakeholders, to develop a Cardiff Beach Living Shoreline Feasibility Study (Attachment 3). The State Coastal Conservancy provided these grant funds to the City of Encinitas to prepare a feasibility study to assess the efficacy of a dune restoration project at the site, and to evaluate a variety of conceptual design alternatives. In parallel to the conceptual plan, the California State Parks Department, as the lead agency, prepared a Mitigated Negative Declaration (MND), that was certified on March 23, 2016 (Attachment 4).
On February 24, 2016, City Council accepted the Cardiff Beach Living Shoreline Project Feasibility Study, and authorized staff to apply for additional grant funds from the State Coastal Conservancy and Ocean Protection Council for final design and construction of the project (Attachment 5).
ANALYSIS:
On September 29, 2016 the State Coastal Conservancy Board approved the City’s grant application, awarding the City of Encinitas $322,000 for final engineering, design, and permitting (Attachment 6) for the Cardiff Beach Living Shoreline Project. The final design will result in engineering plans and specifications that the City will use to solicit formal construction bids. By approving Resolution No. 2016-86, the City agrees to the terms and conditions of the grant agreement and authorizes the Public Works Director, in coordination with the City Attorney and City Manager, to negotiate and execute all agreements necessary to comply with the Conservancy’s grant requirements and contract amendments.
On April 22, 2015, the City Council awarded a professional services contract to Moffatt & Nichol to develop the Cardiff Beach Living Shoreline Feasibility Study. The State Coastal Conservancy, the City of Encinitas, and all project partners are satisfied with the performance by Moffatt and Nichol and recommend an amendment to the existing contract to include final engineering, designing, and permitting tasks. This would provide consistency and continuity with ongoing resource agency permitting efforts to maintain the schedule and to begin construction in Fall 2017 (Attachment 7).
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ENVIRONMENTAL CONSIDERATIONS:
The Final Mitigated Negative Declaration (MND) was certified on March 23, 2016 by the California State Parks. In addition, a Major Use Permit (MUP) is being processed by the City of Encinitas, as required by City planning staff. A Coastal Development Permit (CDP) will be required by the California Coastal Commission.
ATTACHMENTS:
1. Resolution No. 2016-86, “A Resolution of the City Council of the City of Encinitas, California, Approving Grant Funds Under the State Coastal Conservancy Grant Program” 2. Resolution No. 2016-87, “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2016-17 Adopted Budget” 3. Cardiff Beach Living Shoreline Project - Final Feasibility Study 4. Initial Study Mitigated Negative Declaration (SCH#2016021029) 5. February 24, 2016 Agenda Report, entitled “Cardiff Beach Living Shoreline Project” 6. State Coastal Conservancy Staff Report – September 29, 2016 7. Moffat & Nichol Scope of Work & Contract Amendment
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MEETING DATE: May 24, 2017 Assistant City Mark Delin Manager PREPARED BY: Katherine Weldon, Program Administrator DEPARTMENT: City Manager Office CITY MANAGER: Karen P. Brust
SUBJECT:
ADOPTION OF RESOLUTION No. 2017-30 TO REQUEST FUNDING FROM THE PUBLIC RECREATION BEACH IMPACT MITIGATION FUND MANAGED BY SANDAG FOR THE CARDIFF BEACH PEDESTRIAN TRAIL
RECOMMENDATION:
Adopt City Council Resolution 2017-30, A Resolution of the City Council of the City of Encinitas, requesting funding from the California Coastal Commission’s Public Recreational Beach Impact Mitigation Fund (PRBIMF) Administered by the San Diego Association of Governments for the Cardiff Beach Pedestrian Trail (Attachment 1).
STRATEGIC PLAN:
Environment – By enhancing the natural environment while protecting existing infrastructure.
FISCAL CONSIDERATIONS:
There is no fiscal impact associated with the staff recommendation. Upon approval by SANDAG and the California Coastal Commission the City would receive $281,000 to construct the Cardiff Pedestrian Trail.
BACKGROUND:
The City of Encinitas has teamed up with the State Coastal Conservancy to design a Living Shoreline Project to protect the Coast Highway 101 from flooding while also restoring coastal dunes.
The initial grant received by the City from the State Coastal Conservancy was to develop a Feasibility Study that evaluated multiple scenarios for this reach of coastline. The development of the conceptual/feasibility plan brought together a diverse group of stakeholders including the California Coastal Commission (CCC) who requested a pedestrian trail parallel along the Coast Highway 101 corridor. The four-foot wide, footpath will be constructed along the western edge of Coast Highway 101, parallel to the dune system, to improve public access along Cardiff State Beach. The footpath would be placed between the bike lane and the dune and between the street-side parking and the dune along the northern reach.
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ANALYSIS:
In order to address the shortfall, the City has identified the RBIMF, held by SANDAG, as a possible funding source to help build the pedestrian trail element of the project. Projects eligible for funding through the RBIMF include public beach access stairways/ramps, bluff top access, viewing areas, public benches/bicycle racks, public restrooms, public beach parking and public trail improvements.
To receive this funding, SANDAG requires the local coastal jurisdiction to formally request the funds through a resolution from the City Council. The proposal is then reviewed and recommended for funding by the Shoreline Preservation Working Group and Regional Planning Committee, approved by the SANDAG Board of Directors, and submitted to the Executive Director of the California Coastal Commission for review and final approval. In order to align with the larger project schedule, staff has requested and SANDAG has agreed to tentatively place this item on the agenda for review by the Shoreline Preservation Working Group on June 1st, 2017.
The Seacoast Preservation Association has written a letter of support and endorses the use of the funds in support of the pedestrian trail (Attachment 3).
Next Steps:
• June 15th, 2017 – State Coastal Conservancy Board Meeting Authorizing the Construction Grant to the City of Encinitas
• June 15th, 2017 – Planning Commission Hearing
• June 28th, 2017 – City Council Meeting
• October 2017 – Coastal Commission Hearing
• December 2017 – City Council Meeting
• May 2018 – Construction Begins
ENVIRONMENTAL CONSIDERATIONS:
A Mitigated Negative Declaration (MND) for the Cardiff Beach Dune Restoration Project has been approved by the California State Parks according to CEQA policy. In addition, a Major Use Permit (MUP) is being submitted required by the City of Encinitas and a Coastal Development Permit (CDP) will be issued by the California Coastal Commission.
The Climate Action Plan includes a chapter on Sea Level Rise which includes building more resilient shorelines.
ATTACHMENTS:
1. City Council Resolution No. 2017-30, A Resolution of the City Council of the City of Encinitas, Requesting Funding From The California Coastal Commission’s Public
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2. Memorandum of Understanding Between the San Diego Association of Governments and the California Coastal Commission Establishing a Process for the Administration of the Public Recreational Beach Impact Mitigation Fund
3. Letter of Support from Seacoast Preservation Association
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Grants Agency Original Grant Amendment Total Feasibility Study State Coastal Conservancy $150,000 $22,900 $172,900 Engineering & Design State Coastal Conservancy $322,000 $322,000 Public Beach Restoration Fund Coastal Commission $281,000 $281,000 Construction State Coastal Conservancy $2,072,022 $2,072,000 Total $2,847,900
Estimated Grant Pending Grants Agency Amount Shoreline Protection Device FEMA $954,486
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